Revisiting remedies and the legality-merits distinction in Singapore administrative law: CBB v Law Society of Singapore [2021] SGCA 6

Abstract

ABSTRACT It is a general principle of administrative law that the courts will not compel a decision-maker to perform a public duty in a particular manner by way of a mandatory order. However, in CBB v Law Society of Singapore [2021] SGCA 6, the Singapore Court of Appeal notably accepted that an exception could be made to this general principle where there was only one reasonable way to perform the public duty in question. Beyond the decision’s obvious ramifications for the law relating to public law remedies in Singapore, this note argues that the Court of Appeal’s reasoning has significant implications for administrative law in Singapore more broadly. Indeed, the Court’s ruling is indicative of a shift in attitude towards the legality-merits distinction, a foundational principle of administrative law in Singapore.