Civil Procedure In Singapore

[Annegret Haldiman]

SingaporeCivil Practice is a subsequent to the publication 'Singapore Court Practice', which was relied on by the Courts as persuasive authority in over 500 judgments. It covers all amendments to rules of court as well as case law developments, practice directions, other legal sources, and practice information in a new format. It is more than a comprehensive work on Civil Practice, it also explains the difficult areas of the law and provides the civil litigator with all the necessary arguments for his case. This book is organised in 12 parts containing almost 50 topic-based chapters (in contrast to traditional commentaries on Orders). The topic-based approach of this book will be particularly helpful in understanding the new Rules of Court 2021. Cross-references to Forms are also conveniently included in an appendix at the end of each Part.

Jeffrey Pinsler, SC is an Emeritus Professor of Law specialising in civil justice, civil and criminal evidence, procedure and ethics, and a Senior Professorial Fellow of the Singapore Institute of Legal Education. He is a Senior Counsel and Barrister and a member of various professional committees of the Supreme Court and Academy of Law including the Board of Governors of the Singapore Judicial College, the Civil Justice Commission, the Council of Law Reporting, the Professional Conduct Council, and the Rules of Court Working Party. He has appeared as amicus curiae before the Court of Appeal, and has spoken at, and contributed to, conferences and reform programmes in various countries. He has produced 25 major text books and reference works to date in his capacity as Author and/or Editor in Chief or Consultant Editor, as well as multiple articles. His books and articles are frequently relied on by judges as authoritative sources.

This book examines the rules of civil procedure and the ever-increasing case law in the context of carefully designed, underlying principles. This is a unique approach and its purpose is to inculcate a fuller and deeper understanding of procedure. Principles of Civil Procedure will enable the reader to gain a fundamental understanding of the elements of civil procedure in a very meaningful way at every level. It will assist lawyers in mastering difficult issues of procedure and present them with persuasive points which they can use in their arguments in almost every area. Civil procedure is not merely a body of rules. Rules are the mere facets of the subject. A true understanding of civil procedure comes only with an appreciation of the purposes of the rules and their link to the objectives of litigation.

Author(s): Jeffrey Pinsler SC

Note: Significant changes may soon be made to these civil procedure rules. In 2015, Chief Justice Sundaresh Menon established the Civil Justice Commission to update the Rules of Court, and in 2016 the Ministry of Law set up the Civil Justice Review Committee to review the civil justice system. Together, the Commission and the Committee have proposed sweeping changes to the litigation process, and these proposals are currently being reviewed.

2.1.3 This is followed by pleadings, discovery of documents, directions by the court, interlocutory applications for interim or final relief and, if the case has not been resolved by settlement (normally through negotiation or mediation) or terminated by summary or other form of interlocutory judgment, the action will be set down for trial.

2.2.1 The Supreme Court consists of the Court of Appeal and High Court. The High Court is a court of first instance, generally for claims beyond the jurisdiction of the State Courts (although the High Court is a court of unlimited jurisdiction and may hear any claim irrespective of the amount or value involved).

2.2.4 There is also the informal process of the Small Claims Tribunal (which is governed by its own specific rules, not by the procedural rules which govern the main courts just mentioned) which has jurisdiction over claims up to $10,000 (which may be increased to $20,000 subject to the written agreement of the parties).

2.3.1 The main sources of law include the Supreme Court of Judicature Act, the State Courts Act and other statutes which have procedural application or contain procedural provisions, the Rules of Court, practice directions, case law and the inherent powers of the court.

2.4.1 Except in the case of proceedings which by the Rules of Court or any written law are required to be begun by any specified mode of commencement, proceedings may be begun either by Writ of Summons or by Originating Summons, as the plaintiff considers appropriate.

2.4.4 These include actions involving claims for relief or remedy in/for any tort, other than trespass to land; claims based on allegations of fraud; claims for damages for breach of duty where the damages claimed include damages in respect of death, personal injury or damage to property; and claims in respect of the infringement of a patent.

2.4.5 The Originating Summons procedure is appropriate where the dispute is concerned with matters of law where there is no substantial dispute of fact, or the interpretation of a written instrument or statutory provision; or if otherwise required under any written law or the Rules of Court. Where an application is to be made to the Court or a Judge thereof under any written law, proceedings must be commenced by way of Originating Summons.

2.4.6 In comparison with a writ, the Originating Summons procedure is cheaper, faster and simpler as it does not involve pleadings and many interlocutory proceedings. An action commenced by Originating Summons may be converted into a Writ action should it later emerge that there is substantial dispute of fact.

2.5.2 Generally, actions in contract and tort have a limitation period of 6 years, personal injury actions have a limitation period of 3 years, and actions to recover land and execute on a judgment have a limitation period of 12 years.

2.5.3 Before commencing an action, a potential litigant should also consider if Singapore is the appropriate forum to commence proceedings or risk having the action stayed i.e., stopped, on the ground that there is clearly a more appropriate forum elsewhere.

2.5.4 A party who wishes to stay an action on such a ground will have to show that it is in the interest of the parties and of justice to try the case in another forum. The court will have to be persuaded that the other forum is clearly or distinctly more appropriate than Singapore to determine the dispute, taking into account factors such as the governing law of the transaction (if any) and the location of witnesses. However, this is not determinative of the matter. The court will also consider whether there are special circumstances which militate against a stay, including whether substantial injustice will be caused in sending the plaintiff to a foreign court.

2.5.6 Fees are payable when documents are filed with the court. Fees are also separately payable in respect of services such as sealing documents, providing copies of documents and the use of the court for hearings.

2.6.2 A writ is generally valid for 6 months. Where it has to be served out of jurisdiction, it is valid for 12 months; and where it is issued in Admiralty Proceedings, the writ is valid for 12 months. The plaintiff may apply to the court to extend the validity of the writ for a further period of 6 months at a time.

2.6.4 The court may grant leave to a plaintiff to serve a writ on a defendant outside Singapore. If leave is granted, service outside Singapore has to be in accordance with the laws of the country in which service is effected.

2.6.5 Before a court grants leave to serve a writ on a defendant outside Singapore, it must be satisfied that the plaintiff has a good arguable case falling under one of the limbs of Order 11 rule 1 of the Rules of Court which, amongst other cases, include instances where relief is sought against a person who is domiciled, ordinarily resident or carrying on business or who has property in Singapore and/or an injunction is sought ordering the defendant to do or refrain from doing anything in Singapore and/or the claim is brought in respect of a breach committed in Singapore of a contract made in Singapore.

2.6.7 If a defendant is served with the writ, he has 8 days after service of the writ (or 21 days if the writ was served out of jurisdiction) to enter an appearance by filing a Memorandum of Appearance with the court to indicate his intention to defend the suit.

2.6.8 Before a writ is issued, it must be endorsed with a statement of claim or, if the statement of claim is not endorsed on the writ, with a general endorsement consisting of a concise statement of the nature of the claim made and the relief or remedy prayed for.

2.6.9 When the writ only has a general endorsement, the statement of claim must be served before the expiration of 14 days after the defendant enters an appearance. When the defendant has entered appearance, he is required to file and serve his defence on the plaintiff 14 days after the time limited for entering an appearance, or after service of the statement of claim, whichever is later. A defendant may make a counterclaim in the same action brought by the plaintiff in the defence and counterclaim. A plaintiff must serve on the defendant his reply and defence to a counterclaim, if any, within 14 days after the defence (and counterclaim) has been served on him.

2.6.10 Pleadings are deemed closed 14 days after service of the reply or service of the defence to the counterclaim. If neither a reply nor a defence to the counterclaim is served, pleadings are deemed to be closed at the end of 14 days after the defence is served.

2.7.2 If a defendant fails to enter an appearance or having entered appearance, fails to file a defence, within the time specified in the writ, the plaintiff may enter default judgment against him. This may be a final judgment or an interlocutory judgment, depending on the nature of the claim.

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