CBB v Law Society of Singapore: Judicial Review of Law Society's Decision on Lawyer Misconduct Complaint
CBB applied to the High Court of Singapore for judicial review of the Law Society of Singapore's decision not to refer a complaint against a lawyer, Mr. L, for investigation. The complaint concerned Mr. L's conduct related to the establishment of a trust for CBB's mother and subsequent Mental Capacity Act proceedings. The High Court allowed the application, quashing the Law Society's decision and ordering them to reconsider whether to apply for leave to refer the entire complaint to the Chairman.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judicial review allowed; the decision of the Council not to apply for leave to refer the pre 17 April 2012 events to the Chairman is quashed, and a mandatory order is granted directing the Council to reconsider its decision.
1.3 Case Type
Judicial Review
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Judicial review of the Law Society's decision not to investigate a lawyer's conduct. The court quashed the decision and ordered reconsideration.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CBB | Applicant | Individual | Application Allowed | Won | Sarjit Singh Gill SC, Jamal Siddique Peer |
| Law Society of Singapore | Respondent | Statutory Board | Decision Quashed | Lost | Tan Wee Kheng Kenneth Michael SC |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sarjit Singh Gill SC | Shook Lin & Bok LLP |
| Jamal Siddique Peer | Shook Lin & Bok LLP |
| Tan Wee Kheng Kenneth Michael SC | Kenneth Tan Partnership |
4. Facts
- Applicant's mother established a trust based on advice from Mr. L.
- Court of Appeal found the applicant's mother lacked mental capacity to establish the trust.
- Mr. L advised the applicant's mother on the trust and asset transfers.
- Applicant filed a complaint against Mr. L with the Law Society.
- Law Society declined to refer portions of the complaint due to time limitations.
- Council informed the applicant of its reasons for declining to apply for leave under s 85(4D) of the LPA.
- Applicant commenced judicial review proceedings.
5. Formal Citations
- CBB v Law Society of Singapore, Originating Summons No 1382 of 2018, [2019] SGHC 293
6. Timeline
| Date | Event |
|---|---|
| Trust purportedly established | |
| Mental Capacity Act proceedings commenced | |
| Mr L worked on MCA proceedings until this date | |
| Court of Appeal delivered judgment on mental disability issue | |
| Professional deputies appointed | |
| Complaint filed with Law Society | |
| Review Committee directed Council to dismiss portions of complaint | |
| Review Committee's decision communicated to complainant | |
| Council informed applicant of reasons for declining to apply for leave | |
| Judicial review proceedings commenced | |
| Inquiry Committee recommended dismissal of complaint | |
| Hearing held | |
| Judgment reserved |
7. Legal Issues
- Judicial Review of Law Society's Decision
- Outcome: The court quashed the Law Society's decision and ordered reconsideration.
- Category: Substantive
- Sub-Issues:
- Illegality
- Irrationality
- Procedural Impropriety
- Time Limit for Complaint
- Outcome: The court held that leave was required from the court for the complaint to be reviewed as parts of the complaint stretched beyond the limitation period.
- Category: Procedural
- Sub-Issues:
- Extension of Time
- Interpretation of 'Conduct'
- Fraud Exception
- Discretion of the Law Society Council
- Outcome: The court found that the decision of the Council not to seek leave was irrational for failing to take into account relevant considerations and taking into account irrelevant considerations.
- Category: Substantive
- Sub-Issues:
- Failure to consider relevant factors
- Taking into account irrelevant factors
8. Remedies Sought
- Quashing Order
- Mandatory Order
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Litigation
- Regulatory Law
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re BKR | Court of Appeal | Yes | [2015] 4 SLR 81 | Singapore | Established the applicant's mother's mental impairment and undue influence in trust establishment and asset transfer, central to the current complaint. |
| Derry v Peek | N/A | Yes | (1889) LR 14 App Cas 337 | N/A | Cited to define the scope of 'fraud' in the context of the Legal Profession Act, specifically whether it extends to undue influence. |
| Chee Siok Chin and others v Minister for Home Affairs and another | N/A | Yes | [2006] 1 SLR(R) 582 | Singapore | Cited regarding the limitation of judicial review to the decision-making process. |
| Yong Vui Kong v Attorney-General | High Court | Yes | [2011] 1 SLR 1 | Singapore | Cited for the use of “rolled-up” applications in judicial review. |
| Per Ah Seng Robin and another v Housing and Development Board and another | N/A | Yes | [2016] 1 SLR 1020 | Singapore | Cited for the point that time runs from the date on which the impugned decision is made and not when the applicant learns of the decision. |
| Teng Fuh Holdings Pte Ltd v Collector of Land Revenue | N/A | Yes | [2007] 2 SLR(R) 568 | Singapore | Cited for the point that time runs from the date on which the impugned decision is made and not when the applicant learns of the decision. |
| Jeyaretnam Kenneth Andrew v Attorney-General | N/A | Yes | [2013] 1 SLR 619 | Singapore | Cited for the requirements for leave to commence judicial review proceedings. |
| Jeyaretnam Kenneth Andrew v Attorney-General | Court of Appeal | Yes | [2014] 1 SLR 345 | Singapore | Cited for the requirements for leave to commence judicial review proceedings. |
| Deepak Sharma v Law Society of Singapore | N/A | Yes | [2016] 4 SLR 192 | Singapore | Cited regarding the standing of an applicant to bring judicial review proceedings. |
| O’Connor v Bar Standards Board | N/A | Yes | [2018] 2 All ER 779 | United Kingdom | Cited regarding the interpretation of 'conduct' in the Legal Profession Act. |
| Chagos Islanders v Attorney General | N/A | Yes | [2003] EWHC 2222 (QB) | England and Wales | Cited regarding the interpretation of 'fraud' in the Limitation Act. |
| Chua Teck Chew Robert v Goh Eng Wah | N/A | Yes | [2009] 4 SLR(R) 716 | Singapore | Cited regarding the fraudulent concealment exception. |
| Chng Suan Tze v Minister for Home Affairs and others and other appeals | N/A | Yes | [1988] 2 SLR(R) 525 | Singapore | Cited regarding the grounds for judicial review. |
| Padfield v Minister of Agriculture, Fisheries and Food | N/A | Yes | [1968] AC 997 | United Kingdom | Cited regarding the exercise of discretion. |
| Associated Provincial Picture Houses Limited v Wednesbury Corporation | N/A | Yes | [1948] 1 KB 223 | United Kingdom | Cited regarding the test for Wednesbury unreasonableness. |
| Council of Civil Service Unions v Minister for the Civil Service | N/A | Yes | [1985] AC 374 | United Kingdom | Cited regarding the definition of an irrational decision. |
| Law Society of Singapore v Chan Chun Hwee Allan | Court of Appeal | Yes | [2018] 4 SLR 859 | Singapore | Cited regarding the court's inclination to cure a procedural irregularity where the alleged misconduct is serious and/or prolonged. |
| Manjit Singh s/o Kirpal Singh and another v Attorney-General | N/A | Yes | [2013] 2 SLR 844 | Singapore | Cited regarding the fundamental rules of natural justice. |
| Subbiah Pillai v Wong Meng | N/A | Yes | [2001] 2 SLR(R) 556 | Singapore | Cited regarding the fundamental rules of natural justice. |
13. Applicable Rules
| Rule Name |
|---|
| Order 53 r 1(6) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Mental Capacity Act (Cap 177A, 2010 Rev Ed) | Singapore |
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial Review
- Law Society
- Legal Profession Act
- Mental Capacity Act
- Limitation Period
- Review Committee
- Inquiry Committee
- Disciplinary Proceedings
- Leave of Court
- Irrationality
- Illegality
- Procedural Impropriety
15.2 Keywords
- Judicial Review
- Law Society
- Legal Profession
- Misconduct
- Complaint
- Limitation
- Singapore
16. Subjects
- Administrative Law
- Legal Ethics
- Civil Procedure
17. Areas of Law
- Administrative Law
- Judicial Review
- Legal Profession Act