Sports Connection v Asia Law Corp: Professional Negligence, Trademark, Damages Assessment
Sports Connection Pte Ltd sued Asia Law Corporation and Samuel Seow Law Corporation in the High Court of Singapore, alleging professional negligence in the conduct of Sports Connection's assessment of damages in Suit 630 of 1999 against Mr. N Swami and Mr. Velekatt Krishnan Sankara Narayanan of Swami & Narayanan, for botching a trademark registration in Malaysia. Sports Connection claimed the defendants' negligence led to a loss of substantial damages. The court, presided over by Justice Belinda Ang Saw Ean, dismissed the action, finding that Sports Connection failed to prove that the defendants' alleged negligence caused the failure to recover substantial damages in Suit 630.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Action dismissed in its entirety with costs to be taxed if not agreed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sports Connection sues Asia Law Corp for professional negligence in handling a damages assessment. The court dismissed the action, finding no breach of duty or causation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sports Connection Pte Ltd | Plaintiff | Corporation | Claim Dismissed | Lost | Samuel Chacko, Charmaine Chan, Shi Jingxi |
| Asia Law Corporation | Defendant | Corporation | Judgment for Defendant | Won | Christopher Anand Daniel, Ganga Avadiar, Arlene Foo |
| Samuel Seow Law Corporation | Defendant | Corporation | Judgment for Defendant | Won | Christopher Anand Daniel, Ganga Avadiar, Arlene Foo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Samuel Chacko | Legis Point LLC |
| Charmaine Chan | Legis Point LLC |
| Shi Jingxi | Legis Point LLC |
| Christopher Anand Daniel | Advocatus Law LLP |
| Ganga Avadiar | Advocatus Law LLP |
| Arlene Foo | Advocatus Law LLP |
4. Facts
- Sports Connection sued its former solicitors for professional negligence.
- The negligence claim related to the conduct of Sports Connection's assessment of damages in Suit 630.
- Suit 630 involved a botched trademark registration in Malaysia by S&N.
- Sports Connection claimed the defendants' negligence led to a loss of substantial damages.
- The court found that Sports Connection failed to prove causation.
- The court found that the pleaded courses of action were illusory and fanciful.
- The court found that Sports Connection withheld information on taxed party and party costs from Mr. Shahiran.
5. Formal Citations
- Sports Connection Pte Ltd v Asia Law Corp and another, Suit No 613 of 2011/Q, [2015] SGHC 213
6. Timeline
| Date | Event |
|---|---|
| Sports Connection engaged S&N to register its trademark in Malaysia. | |
| The Kaws registered themselves as proprietors of the trademark in Malaysia. | |
| Sports Connection discovered the misdeeds of the KL parties. | |
| Sports Connection incorporated Tearproof Sdn Bhd in Malaysia. | |
| KL parties commenced Suit No D5-22-1079-1997 against Sports Connection, Tearproof and Mr Yee. | |
| Sports Connection commenced Suit No D1-22-1252-1997 against the KL parties. | |
| Sports Connection commenced Originating Summons No D4-25-1-1998 against the Kaws. | |
| Sports Connection sued S&N in Singapore. | |
| Stay order granted in Suit 630 pending resolution of the KL Suits. | |
| Sports Connection obtained interlocutory judgment in the KL Suits. | |
| Suit 630 was restored for hearing. | |
| Written grounds of the KL Interlocutory Judgment were released. | |
| S&N consented to liability with damages to be assessed in Suit 630. | |
| ALC took over the conduct of the assessment of damages in Suit 630 from N&M. | |
| S&N offered to pay the sum of S$200,000 in full and final settlement of Suit 630. | |
| Assessment of damages was heard by Assistant Registrar Teo Guan Siew. | |
| AR Teo's decision was released. | |
| Sports Connection commenced action against three law firms. | |
| Action against Netto & Magin LLC was discontinued. | |
| Judgment reserved. |
7. Legal Issues
- Professional Negligence
- Outcome: The court found no professional negligence on the part of the defendants.
- Category: Substantive
- Related Cases:
- [1980] 1 AC 198
- [1995] 1 WLR 1602
- Causation
- Outcome: The court found that the plaintiff failed to prove a causal link between the defendants' alleged negligence and the plaintiff's failure to recover substantial damages.
- Category: Substantive
- Related Cases:
- [1995] 1 WLR 1602
- Loss of Chance
- Outcome: The court determined that the plaintiff's claim did not qualify as a 'loss of chance' case.
- Category: Substantive
- Related Cases:
- [1995] 1 WLR 1602
- Duty to Mitigate
- Outcome: The court found that the defendants had advised the plaintiff on the duty to mitigate.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Professional Negligence
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Professional Liability
11. Industries
- Legal Services
- Retail
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Saif Ali and another v Sydney Mitchell & Co (a firm) and other | House of Lords | No | [1980] 1 AC 198 | England and Wales | Cited for the principle that lawyers are not liable for errors of judgment made with reasonable care and competence. |
| Allied Maples Group Ltd v Simmons & Simmons (a firm) | English Court of Appeal | Yes | [1995] 1 WLR 1602 | England and Wales | Cited as the leading case on causation in the context of lawyer's negligence and the 'loss of a chance' doctrine. |
| JSI Shipping (S) Pte Ltd v Teofoongwonglcloong (a firm) | Court of Appeal of Singapore | Yes | [2007] 4 SLR(R) 460 | Singapore | Cited for applying the principles of causation and loss of chance as established in Allied Maples. |
| Peter Michael Harrison and another v Bloom Camillin (a firm) (No 2) | Unknown | Yes | [2001] PNLR 7 | England and Wales | Cited for the principle that a claimant must prove they would have proceeded with the action had they not been deprived of the right to bring it. |
| Gregg v Scott | House of Lords | No | [2005] 2 WLR 268 | England and Wales | Cited to distinguish between chances that are interlinked with the breach and those that exist independently of the breach of duty. |
| Asia Hotel Investments Ltd v Starwood Asia Pacific Management Pte Ltd and another | Court of Appeal of Singapore | Yes | [2005] 1 SLR(R) 661 | Singapore | Approved the legal framework set out by Stuart-Smith LJ in Allied Maples. |
| Arul Chandran v Chew Chin Aik Victor JP | High Court of Singapore | No | [2000] SGHC 111 | Singapore | Cited for the principle that a previous judgment making certain findings of fact cannot be merely tendered in another trial as proof of the existence or the truth of those facts. |
| Trans-World (Aluminium) Ltd v Cornelder China (Singapore) | High Court of Singapore | Yes | [2003] 3 SLR(R) 501 | Singapore | Cited for the principle that an in personam judgment of a foreign court cannot be relied on for the correctness or truth of any of the facts covered there. |
| Antariksa Logistics Pte Ltd and others v McTrans Cargo (S) Pte Ltd | High Court of Singapore | Yes | [2012] 4 SLR 250 | Singapore | Cited for the principle that findings in decisions of foreign courts are strictly inadmissible evidence. |
| Boateng v Hughmans (a firm) | England and Wales Court of Appeal (Civil Division) | Yes | [2002] EWCA Civ 593 | England and Wales | Cited for the collective approach to analysing claims for negligence and breach of retainer. |
| Sports Connection Pte Ltd v Asia Law Corp and another | High Court of Singapore | No | [2010] 4 SLR 590 | Singapore | Cited for the history of Mr. Yee's unhappiness with the defendants' bills. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional Negligence
- Trademark Infringement
- Assessment of Damages
- Causation
- Loss of Chance
- Duty to Mitigate
- Interlocutory Judgment
- Party and Party Costs
- Solicitor and Client Costs
- Expert Witness
- Stay of Proceedings
- Malaysian Assessment
- Singapore Assessment
15.2 Keywords
- professional negligence
- trademark
- damages
- assessment
- litigation
- Singapore
16. Subjects
- Professional Liability
- Trademark Law
- Civil Litigation
17. Areas of Law
- Professional Negligence
- Trademark Law
- Civil Procedure