Understanding the Proper Nature and
Scope of Res Judicata in the Light of
Recent UK and Singapore Cases
1.5 Public
CPD Points
06 March 2015, 4.00pm – 7.15pm, Supreme Court Auditorium
Introduction
Mr Paul McGrath Q.C. of Essex Court Chambers will give a talk outlining the modern approach in
Singapore law to res judicata in the light of the recent Court of Appeal decision in RBS v TT
International Ltd [2015] SGCA 50 and, in the context of consent judgments, that of the High Court in
Cost Engineers (SEA) Pte Ltd v Chan Siew Lun [2015] SGHC 262. He will examine the differing
categories of res judicata and the criteria which applies to each category and consider whether a
narrow strict approach to applying exceptions to the doctrine (as illustrated by RBS) is preferable to
the wider more flexible and discretionary approach favoured in some of the English authorities.
Speaker
Mr Paul McGrath QC
Essex Court Chambers
Paul has developed a particular expertise and reputation in international
commercial fraud and asset recovery litigation involving difficult trust and
company law issues having been involved in some of the leading cases such
as Glencore v Metro Trading; Banner Homes v Luff Developments; CoOperative Society v Andrew Regan; Tajik Aluminium Plant v Ermatov;
Westminster City Council v Dame Shirley Porter; Boris Berezovsky v Patarkatsishvili; JSC BTA v
Ablyazov; Weavering Capital Hedge Fund; VTB v Nutritek; Republic of Egypt v President Mubarak;
The Tchenguiz/SFO dispute. More recently, his experience in lifting corporate veils and busting trusts
as a means of getting ones hands on the assets has been deployed in the enforcement of substantial
judgments and arbitral awards including Yukos v Russian Federation (enforcement of US$50bn
Awards: the largest ever arbitral awards). He has a very active international practice including the BVI,
the Cayman Islands, Turks and Caicos Islands, Isle of Man and the DIFC in Dubai. He is also
registered before the SICC. He is author of Commercial Fraud in Civil Practice (2nd edn OUP). ‘He
has literally written the book on commercial fraud, and is one of the most knowledgeable QCs in this
area.’ The Legal 500 2015.
Programme
3.30 pm
4.00 pm
4.10 pm
5.10 pm
5.55 pm
Registration & Tea
Opening Remarks by The Honourable Justice Steven Chong
Talk by Mr Paul McGrath QC
Panel Discussion and Q&A
Chairperson: Mr Cavinder Bull SC
Panellists: Mr Paul McGrath QC
Assoc Prof Goh Yihan
End of Session
Date: 14 January 2016
Time: 3.30pm – 5.55pm
Venue: Level 8, Viewing Gallery, Supreme Court Building
Understanding the Proper Nature and Scope of Res Judicata in the Light of Recent UK and Singapore Cases
Opening Remarks
The Honourable Justice Steven Chong graduated with a Bachelor of Laws (Honours) from the National
University of Singapore in 1982. He was admitted as an advocate and solicitor of the Supreme Court of
Singapore in 1983, and entered into legal practice with one of Singapore’s top law firms, Drew & Napier,
that same year. He eventually became its Joint Managing Partner at the end of 1997. In 1998, Justice
Chong joined another leading Singapore law firm, Rajah & Tann, where he was appointed, first, Senior
Partner and then Managing Partner. In January 1998, he was also appointed Senior Counsel. After 27
years in legal practice, Justice Chong was appointed to the Bench on 1 October 2009, as a Judicial
Commissioner of the Supreme Court. He was later appointed as a Judge of the Supreme Court from 1
June 2010 until 24 June 2012. Justice Chong was appointed the Attorney-General of the Republic of
Singapore from 25 June 2012 to 24 June 2014. Upon completion of his term, he returned to the Supreme
Court.
Chairperson
Mr Cavinder Bull SC graduated with First Class Honours in law from Oxford University in 1992. He was
called to the Bar of England & Wales the following year, placing fourth in the Bar examinations. He returned
to Singapore and passed the Singapore Bar exams, winning the prize for top candidate. Cavinder worked
for the Chief Justice of Singapore as a Justices' Law Clerk before joining Drew & Napier in 1994 as a
litigation associate. In 1995, he was awarded the Lee Kuan Yew Scholarship and left for Harvard Law
School where he received an LL.M. He passed the New York Bar exams and was admitted to practice in
New York. Cavinder practised as a litigation associate with Sullivan & Cromwell in New York until late 1997
when he returned to Singapore and Drew & Napier. He was made a partner of Drew & Napier in 1998 and
a Director of Drew & Napier LLC in May 2002. Cavinder has an active practice in complex litigation and
international arbitration. He is engaged in trial and appellate advocacy at all levels of the Singapore Courts
and has appeared as counsel and arbitrator in international arbitrations in various jurisdictions, including
Milan, London, Tokyo and Singapore. Cavinder has acted as counsel to various clients including the
Monetary Authority of Singapore, the Government of Laos, the Government of Djibouti, various financial
institutions and Fortune 500 companies.
Panellist
Associate Professor Goh Yihan, from the School of Law, Singapore Management University (SMU),
received his LLB from NUS (2006) and LLM from Harvard (2010). He has published in the field of contract
law both locally and internationally. He is a co-author of Law of Contract in Singapore (Wolters Kluwer,
2012) and a contributor to The Law of Contract in Singapore (Academy Press, 2012). He was formerly an
Assistant Professor from NUS, Senior Justices' Law Clerk and Assistant Registrar at the Supreme Court of
Singapore. He was later appointed amicus curiae before the High Court (2011) and Court of Appeal (2013).
He is also a Visiting Academic at Rajah & Tann LLP since 2011. In 2013, he was awarded the SAL
Singapore Law Merit Award for his contributions to the development and advancement of Singapore law.
Fees
Registration
(inclusive of 7% GST, tea breaks and materials, if any)
(Closing date: 7 January 2016 or until seats last)

SAL Members
S$ 96.30

Non-Members
S$ 149.80
 Full-time Students#
S$ 42.80
# Student registrations can only be made by writing to les@sal.org.sg.
Please include a copy of a valid matriculation card.
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Co-ordinator (OPC)
 Any cancellation must be made in writing before the closing date.
 A refund will be given subject to an administrative fee of S$21.40
(inclusive of GST). There will be no refund for any cancellation after
the closing date (7 January 2016).
 For enquiries, please call Tel: (65) 6332 4388 or email les@sal.org.sg
SAL’s registration terms and conditions apply. See
http://www.sal.org.sg/RegistrationTermsNConditions.aspx for
more details.
SILE Attendance Policy
Participants who wish to claim CPD Points are reminded that they must comply strictly with the Attendance
Policy set out in the CPD Guidelines. This includes signing-in on arrival and signing-out at the conclusion of the
activity in the manner required by the organiser, and not being absent from the entire activity for more than 15
minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for
attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.
1.5 Public CPD Points
Practice Area:
Civil Procedure
Training Level:
General