The Importance of Comparative Common Law –
A View from Singapore
by Senior Judge Andrew Phang
Date: Tuesday 23 May 2023
Time: 6:00pm – 7:00pm (HK Time)
Venue: 11/F, Cheng Yu Tung Tower, HKU (in-person)
ABOUT THE LECTURE:
The central theme in the present lecture is that in developing its common law in a particular area, the courts in the jurisdiction concerned ought to have regard to developments in the corresponding area of law in other jurisdictions as well. The search (in the Singapore context) is one that traverses all relevant decisions in all relevant common law jurisdictions in order to glean the principles that are felt to be best suited not only from the perspective of logic but also to Singapore society in general and the Singapore legal system in particular. Although this is the approach adopted by the Singapore courts, it is sufficiently general that it might serve as a possible model to be adopted – at least potentially – in other jurisdictions as well. It will be sought to illustrate this central theme by reference to some key decisions in the Singapore law of contract, its law of torts and its law of unjust enrichment.
ABOUT THE SPEAKER:
Senior Judge Andrew Phang received his Bachelor of Laws (First Class Honours) from the National University of Singapore (NUS) and his Master of Laws and Doctor of Juridical Science from Harvard University. He taught at NUS and Singapore Management University (SMU) and became Senior Counsel in 2004.
He was appointed Judicial Commissioner of the Supreme Court of Singapore in 2005 and elevated to Judge, and then Judge of Appeal within slightly over a year. In 2017, he became Vice-President of the Court of Appeal. Upon his retirement in 2022, he was appointed Senior Judge and returned to SMU as Distinguished Term Professor.
Senior Judge Phang has authored close to 400 judgments and over 260 publications. Many of his judgments have been published in international law reports and have been the subject of academic commentary. His judgments and publications have also been cited in judgments, treatises, books, and articles both locally and internationally.