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Singapore – New Simplified Process For Magistrate’s Court Claims Not Exceeding SGD 60k.

2 December, 2014

 

Legal News & Analysis – Asia Pacific – Singapore  Dispute Resolution

 

With effect from 1 November 2014, a simplified process has been put in place for Magistrate’s Court cases (i.e., for civil claims not exceeding SGD 60k). As a large number of such cases settle before judgment, it is hoped that this simplified process may further enhance the prospects of settlement early in the proceedings, which could result in a significant reduction in costs and resources that are often disproportionate to the value of such claims.

 

This simplified process is embodied in new Order 108 of the Singapore Rules of Court. The key features of this process are as follows:

 

  1. Up-Front Disclosure – This should enable practitioners to better advise their clients on the strengths and weaknesses of their respective cases at an early stage. 
  2. Early And Robust Case Management – With the collaborative efforts of solicitors acting for the parties, it is anticipated that judges at case management conferences will help to narrow the issues between the parties and facilitate an expeditious resolution of the case for the benefit of the parties.
  3. Simplified Trials – Trial timelines for appropriate cases will be simplified with limited time for witness examinations, as issues in dispute should have been narrowed and clarified at the case management conference. 
  1. Mediation – There will be further opportunities for parties to resolve their disputes without the matter going to trial. Where parties are not able to resolve the disputes themselves or at a case management conference, appropriate cases will be channelled to other forms of alternative dispute resolution.
  2. Interlocutory Applications Are Restricted – As interlocutory applications generally prolong the overall time to resolve a case, the court will manage this aspect of a case at a case management conference. 
  3. Summary Judgment Procedure No Longer Applicable – The current summary judgment procedure tends to be drawn out by parties through sequential filing of affidavits. It will no longer apply. Cases that warrant such a “summary” process will be dealt with under the robust case management process with expedited simplified trials to achieve a quicker resolution for the parties.

 

Duane Morris Selvam LLP


For further information, please contact:

 

May Kim Ho, Duane Morris & Selvam

mkho@selvam.com.sg

 

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