Civil Litigation
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Questions and Answers

What is the maximum amount for a case to be heard in the Magistrates' Court?

  • S$60,000 (correct)
  • S$250,000
  • S$1,000,000
  • S$500,000

    • Which of the following is a pre-action consideration before commencing legal proceedings?

  • Conducting a trial
  • Documenting the terms of engagement (correct)
  • Determining the ruling of the court
  • Filing court documents

    • Under what circumstances is a party required to make an offer of amicable resolution?

  • After a judgment is made
  • During the trial proceedings
  • Only when the client requests it
  • Before commencing action unless there are reasonable grounds not to (correct)

    • What is the limit for cases to be handled in the District Court?

    <p>Less than S$250,000</p> Signup and view all the answers

    Which of the following statements about conflict of interest is correct?

    <p>Proper conflict checks must be done pre-engagement</p> Signup and view all the answers

    According to the rules, which of the following is NOT part of the amicable resolution process?

    <p>Reaching a settlement through litigation</p> Signup and view all the answers

    What is required to ensure the ongoing legal relationship with a client?

    <p>Maintaining clear documentation of instructions</p> Signup and view all the answers

    What is a primary responsibility of the parties involved before initiating an action?

    <p>Consider amicable resolution options</p> Signup and view all the answers

    What must a defendant include in their defence when challenging the jurisdiction of the court?

    <p>The grounds for challenging jurisdiction</p> Signup and view all the answers

    What is the consequence of failing to file a defence in a jurisdiction challenge?

    <p>A default judgment may be entered against the defendant</p> Signup and view all the answers

    Within how many days must the counterclaim be filed and served with the defence?

    <p>14 days</p> Signup and view all the answers

    Which of the following statements is true regarding the filing of an affidavit when challenging jurisdiction?

    <p>The affidavit should state the grounds for challenging jurisdiction</p> Signup and view all the answers

    When is the first case conference typically held?

    <p>Between 8 or 12 weeks after the service of the application</p> Signup and view all the answers

    What characterizes the affidavit filed when the court's jurisdiction is not challenged?

    <p>It must contain all evidence necessary or material to the defence</p> Signup and view all the answers

    What is required if a party wishes to file further pleadings beyond the initial round?

    <p>Court approval</p> Signup and view all the answers

    How long does a defendant typically have to serve the originating application and affidavit?

    <p>21 days or 5 weeks</p> Signup and view all the answers

    What is the usual basis for entitlement to recover legal costs?

    <p>A court order or judgment</p> Signup and view all the answers

    In what situation might a party be denied recovery of costs despite being successful in litigation?

    <p>The successful party failed to offer amicable resolution</p> Signup and view all the answers

    What is the general principle regarding the recovery of costs in litigation?

    <p>Full recovery of costs is an exception rather than the norm.</p> Signup and view all the answers

    What does the phrase 'costs follow the event' refer to?

    <p>Costs awarded to the successful party based on the outcome of litigation</p> Signup and view all the answers

    Under what condition might a party's entitlement to costs be reconsidered?

    <p>If they fail to comply with a court order</p> Signup and view all the answers

    What is a key function of the Supreme Court's Division 1 regarding decisions?

    <p>Decisions are made by a majority vote.</p> Signup and view all the answers

    Which of the following statements about civil jurisdiction in Division 2 is accurate?

    <p>Oral hearing is not needed for appellate matters generally.</p> Signup and view all the answers

    Under what circumstances can an appeal not operate as a stay of execution or enforcement?

    <p>Generally, according to Division 1B provisions.</p> Signup and view all the answers

    What is required for an application to be heard under the criminal jurisdiction of Division 3?

    <p>Permission from the Court of Appeal must be obtained.</p> Signup and view all the answers

    What does Division 4 define about appellate jurisdiction?

    <p>It encompasses both criminal and civil appellate jurisdiction.</p> Signup and view all the answers

    Which of the following statements about seeking permission to appeal is true according to Division 3?

    <p>Certain cases explicitly require permission to appeal.</p> Signup and view all the answers

    In the context of the Appellate Division's jurisdiction, what does not generally apply?

    <p>Mandatory oral hearings for all cases.</p> Signup and view all the answers

    What does the term 'incidental directions' refer to in the appellate context?

    <p>Guidance on procedural matters related to appeals.</p> Signup and view all the answers

    What must amendments made less than 14 days before trial demonstrate?

    <p>They meet a high threshold showing no prejudice to the other party.</p> Signup and view all the answers

    In what situation is permission not required to file an application?

    <p>To strike out the entire action or defense.</p> Signup and view all the answers

    What is a valid ground for striking out a claim based on Order 9 Rule 16?

    <p>The case has no reasonable cause of action.</p> Signup and view all the answers

    What must a party show when they feel prejudiced by not being allowed to amend their pleadings?

    <p>What prejudice they will suffer if the amendment is denied.</p> Signup and view all the answers

    What does the court consider when evaluating the validity of an amendment?

    <p>The truthfulness of the original certification of truth.</p> Signup and view all the answers

    What is true about the relationships between cause of action and striking out?

    <p>Some cause of action must be disclosed to avoid striking out.</p> Signup and view all the answers

    What does 'abuse of process' refer to in the context of striking out an action?

    <p>Using the legal system to harass the other party.</p> Signup and view all the answers

    What is the implication of the term ‘material fact’ in the context of amendments?

    <p>The court may view the amendment as an afterthought.</p> Signup and view all the answers

    What must be provided to the court to recover loans or debts as disbursements in taxation?

    <p>Evidence such as invoices or bills</p> Signup and view all the answers

    Why were the air miles used by the plaintiff not allowed as a disbursement?

    <p>The miles were accumulated through a supplementary card</p> Signup and view all the answers

    What does the court imply about the usage of air miles versus purchasing an airplane ticket?

    <p>Both methods should be equally beneficial in taxation</p> Signup and view all the answers

    What was the ultimate decision regarding Item 110 in the case?

    <p>It was not allowed because the air miles did not belong solely to the plaintiff</p> Signup and view all the answers

    What consequence arose due to the failure to provide necessary evidence for debt recovery?

    <p>The assistant registrar (AR)'s decision was upheld</p> Signup and view all the answers

    Study Notes

    Supreme Court

    • Source of law for Supreme Court and Court of Appeal
    • Division 1: deals with the President and Vice-Presidents, Jurisdiction, Composition, and Sittings of the Supreme Court
    • Division 2: Civil jurisdiction
      • further provisions on oral hearings, summary dismissal, applications, incidental directions, interim orders, hearing of appeals, and costs of appeal.
      • Additional provisions on a new trial, immaterial errors, and appeal operation as stay
    • Division 3: Criminal jurisdiction
      • Composition when exercising criminal jurisdiction
    • Division 4: Post-appeal application in capital cases and abuse of process
      • Application for permission to make a Private Action Compensation Committee (PACC) application

    Court of Appeal

    • Division 1 - General Jurisdiction, Composition, and Sittings of the High Court
    • Division 2 - Civil jurisdiction
      • Further provisions on oral hearings, summary dismissal of matters, applications, incidental decisions, hearing of appeals, and costs of appeal
    • Division 3 - Criminal jurisdiction and composition
    • Division 4 - Post-appeal application in capital cases and abuse of process
      • Application for permission to make a Private Action Compensation Committee (PACC) application

    B24 CIV

    • Supreme Court and Court of Appeal provisions, and details on civil and criminal jurisdictions
    • Provides information on jurisdiction for various matters
    • Detailing procedure, and considerations prior to commencing legal proceedings

    State Courts

    • Magistrates' Courts – Cases less than S$60,000
    • District Courts – Cases less than S$250,000
    • Practice Directions

    Pre-Action Considerations

    • Managing the relationship with the client
      • Documenting the terms of engagement
      • Checking for conflicts of interest
      • Running anti-money laundering (AML) checks
      • Taking and documenting client instructions
    • Considerations prior to legal proceedings
      • Determining if there is a cause of action
      • Checking if the limitation period is still valid

    Amicable Resolution

    • A positive duty to consider amicable resolution before commencing an action.
    • Parties required to offer a resolution
    • Includes a requirement to consider amicable resolution in the course of an action and during appeals.

    O11R11 Pre-action Production

    • The Court may order the production of documents and information
    • before commencement of proceedings
    • against a non-party
    • for identifying possible parties
    • tracing the party’s property,
    • or for any other legal purpose.

    O11R11 Interpretation

    • Court must not produce a document if its production cannot be compelled
    • Non-parties are entitled to reasonable costs associated with the production
    • The concept of necessity required by the court in considering granting a pre-action discovery.
    • Factors supporting necessity of pre-action discovery should include assisting plaintiff by obtaining necessary information to allow commencement of proceedings.

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