Mr. M.P. Rai

Nationality :                                    Singaporean
Profession :                                    Advocate & Solicitor
Language Proficiency:                English, Malay, Hindi

 Education:

Victoria School

Chief Editor of The Victorian, School Magazine - 1979

Top Police Cadet Inspector - 1980

National University of Singapore 1982 to 1986
Graduated with a LLB (Hons) degree

Graduate Certificate in International Arbitration – 2005
[Awarded the Singapore International Arbitration Centre Prize
for being the best student in Arbitration Law and Practice] 

Attended the prestigious Program on Negotiation, Harvard Law School, Harvard University.

Areas of Practice

Practice covers all areas of Insurance law, Commercial Litigation, Maritime and Shipping law, Arbitration, Partnership law, Construction law, Company law, Employment & Health and Safety Law, Professional Negligence, Landlord and Tenant, Libel and Slander, Workmen’s Compensation claims, Injury claims, and other areas.

 Appointments 

Lecturer on Insurance Law Subjects, Singapore College of Insurance

Contributor to an insurance textbook titled Personal General Insurance published by the Singapore College of Insurance

 Tutor / Instructor, Practice Law Course, Board of Legal Education 

Legal Advisor to various established and international multinational companies, including high networth individuals 

Member, Sports Committee, Law Society of Singapore, 1989 to 1997

 Member, Admissions Committee, Law Society of Singapore, 1995 to 1997 

Fellow, Singapore Institute of Arbitrators 

Member, Singapore Academy of Law

On panel of arbitrators of Singapore International Arbitration Centre

On panel of arbitrators of the Singapore Institute of Arbitrators

On Panel of Tutors of the Singapore Institute of Arbitrators 

Commissioner for Oaths          

Notary Public 

Represented the Law Society of Singapore in disciplinary proceedings and professional misconduct related actions, including in the Court of 3 Judges in show cause cases. 

Member, St. Margaret’s Primary School’s Parent-Teacher Association 

Life Member, Hindi Society of Singapore 

Volunteer Lawyer, The Law Society of Singapore Criminal Legal Aid Scheme, providing free legal services to the needy and poor

INTERNATIONAL AWARD

Recipient of the prestigious ‘Hind Ratan Award’ (India) in 2005     
 

Reported cases include:

Ventura Navigation Inc v. Port of Singapore Authority & Ors [1989] 3 MLJ 349 – Shipping – oil pollution damage, liability for – escape from non-oil tanker – whether liability limited or unlimited, Tort – measures taken to prevent and reduce oil pollution – liability of shipowner for such measures, etc. 

Anthony s/o Savarimuthu v Soh Chuan Tin [1989] 3 MLJ 5

 Roshdi v. Public Prosecutor [1994] 3 SLR 282 CA – murder – private defence – whether right of private defence exceeded – sudden fight, etc. Defence succeeded on appeal, with the death sentence imposed by the High Court set aside. 

Tong Khing Kia & Anor v. Yeo Kong Boon [1990] 2 MLJ 101 – motor accident – front-to-back vehicular collision – whether driver of vehicle behind necessary liable- first reported case where the High Court held the front driver totally liable.

 Paradiz Pte Ltd v. Lim Huan Seng (DCA No. 84 of 1991, unreported, per Lai Siu Chiu J) – landlord and tenant, extent of right of distress, procedure for distress – etc

 Econ Industries Pte Ltd v C & M Contractors Pte Ltd –(unreported judgment of Judith Prakash JC) – Sale of Goods- Whether the recipient had ostensible authority to bind company – Assessment of the evidence and findings 

Tan Thye Heng v. Pan Mercantile (S) Pte Ltd [1990] 1 MLJ 208 – Civil Procedure, Appeal to High Court – NOA served out of time – where application for extension of time to be made – etc

Lee Teck Seng v Public Prosecutor      [1994] 1 SLR 728 CA
Criminal Law- Murder- Intention to cause fatal injury- Penal Code s 300 (c).           

Chung Sow Mun v TRR Kurup [1989] 3 MLJ cix
Civil Procedure – Advocacy Costs – Whether Plaintiff’s counsel entitled to full advocacy costs

“The Maritime Prudence” [1996] 1 SLR 168 – Shipping and Navigation – merchant shipping – Limitation of liability – whether act committed in the “management of ship” – scope of ss 271 & 272(1)(d) of the Merchant Shipping Act (Cap 179)

Re Gyles QC [1996] 2 SLR 695
Legal Profession Act – Admission of Queen’s Counsel- Conditions necessary for admission, ‘sufficient difficulty and complexity’, etc.

Jusri bin Mohamed Hussain v Public Prosecutor [1996] 3 SLR 29Criminal Law – Drug Trafficking- Presumption that possession was for the purpose of trafficking – defence of personal consumption – Misuse of Drugs Act

Chang Ah Lek v Lim Ah Koon     [1999] 1 SLR 82 CA
Assessment of damages – Review of Registrar’s award – Principles relating to circumstances when appellate court would interfere with lower court’s assessment – whether similar principles applicable to appeal from registrar to judge in chambers and appeal from judge in chambers or judge sitting in open court to Court of Appeal

Vinit Sopon v. Public Prosecutor [1994] 2 SLR 226 CA – drug trafficking – capital charge under the Misuse of Drugs Act.

Management Corporation Strata Title Plan No. 593 v Grandfield Investment International Pte Ltd [2000] 1 SLR 228
Sentencing – Continuing Offence – imposition of further fine for continuing offence- whether court could impose fine in futuro

Tetra Laval Pte Ltd v Tan Huan How & Anor [2000] 2 SLR 542
Negligence – Duty of care – installation of fire hosereels to pipe system in warehouse- water leakage causing damage-whether subcontractor negligent- res ipsa loquitor –whether applicable

 Loh Ah Kow v Public Prosecutor [2000] 4 SLR 327
Common gaming house –whether room within premises used could constitute a ‘place’ as defined in Common Gaming Houses Act, presumption under s 17 when invoked.
 

MFH Marine Pte Ltd v. Asmoniah Bin Mohamad [2000] 4 SLR 368 – Period of Limitation – when time bar begins to run – whether action time-barred – Scope of Section 33 of the Workmen’s Compensation Act (Cap. 354) 

Xpress Print Pte Ltd v. Monocrafts Pte Ltd [2000] 3 SLR 545 CA – right of support – whether right of support extended to buildings and other property on land.  

Neo Mei Lan Helena v Long Melvin Anthony [2002] 4 SLR 384
Family Law – Division of assets – factors to be taken into account – CPF accumulated before marriage –whether constituting matrimonial assets maintenance – factors to be considered when deciding if lump sum payment appropriate

 The Law Society of Singapore v Ezekiel Caleb Charles James [2004] 2 SLR 256 Court of 3 Judges
Legal Profession – show cause action – advocate & solicitor convicted of criminal breach of trust – weight to be given to mitigating factors – appropriate order to be made

Saldur Rahman v Mayban General Assurance Bhd [2005] SLR 277
Workmen’s Compensation Act – effect of an application filed under the WCA when a common law action is filed without withdrawal of the WCA application, is it a nullity.

 Magaforce Construction v Khamso Wirat & Ors [2006] 1 SLR 92
Workmen’s Compensation Act – effect of and the role of sections 17 and 3, and the extent of the cover provided by the main contractor’s policy.

Mohamed Aslam v Public Prosecutor [2006] 2 SLR 511
Immigration Act – Criminal Procedure, Evidential and Sentencing issues involved.  

And others, both reported and unreported cases.

Arbitration Cases

As arbitrations are confidential, no specific details would be set out.