Singapore | To release or not to release: Riddick undertaking? Asserting right(s) against self-incrimination and more…

The Court of Appeal in Lim Suk Ling Priscilla and another v Amber Compounding Pharmacy Pte Ltd and another [2020] SGCA 76 held that a multifactorial balancing exercise is to be adopted in determining whether a party ought to be released from its Riddick undertaking. The conjunctive two-step test in Beckkett Pte Ltd v Deutsche Bank AG [2005] 3 SLR(R) 555 (which held that prejudice to a disclosing party was an overriding factor) was unsupported by the authorities and principle, and ought not to be applied.

The Court of Appeal also emphasised that search orders ought to be targeted and specific in their reach.

Our update discusses this Court of Appeal decision.

Please click here to read more about the update.

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Wendell Wong

Director, Dispute Resolution / Co-Head, Investigations / Co-Head, Criminal Law Practice
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