Certainty v. Creativity: Some Pointers Towards the Development of the Common Law
: 1.5 Public
: Supreme Court Auditorium, Basement 2, Supreme Court Building, 1 Supreme Court Lane (178879)
: 14 September 2018 (3.30pm - 7.00pm)
There is no registration fee for this lecture but seats are limited and are offered on a ‘first come, first served’ basis. A confirmation email will be sent for every successful registration. For enquiries, please call Tel: (65) 6332 4388 or email [email protected]
1.5 Public CPD Points
Practice Area: Others
Training Level: General
Participants who wish to claim CPD Points must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, please sign in on arrival in the manner required by the organiser,and do not be absent from the entire activity for more than 15 minutes. For more information on the CPD Scheme, visit www.sileCPDcentre.sg.
The Chancellor has given two recent speeches entitled “Contractual Interpretation: Do Judges sometimes say one thing and do another?” and “Preserving the integrity of the Common Law”.
In the first, he pointed out that the law on contractual interpretation as laid down in ICS v. West Bromwich BuiIding Society had not survived the two recent UK Supreme Court decisions in Arnold v. Britton and Wood v. Capita.
In the second, the Chancellor gave a number of examples of recent UK Supreme Court decisions which had not found favour with the highest courts in other Commonwealth common law jurisdictions. He suggested that the development of the common law should be incremental and that judges should be cautious about seismic changes or approaching landmark cases with a blank sheet of paper.
In this lecture, the Chancellor will return to the theme of the appropriate development of the common law, and ask how crucial certainty really is to the common law, as compared to impeccably reasoned judicial creativity. He will look at some recent examples including a further consideration of Patel v. Mirza and Ochroid Trading v. Chua Siok Lui.