SINGAPORE Law and Practice Contributed by: Foo Yuet Min, Kong Man Er, Shumin Lin and See Chern Yang, Drew & Napier LLC
discontinue the proceedings where its collective action is less appropriate – for instance, in cases where there are disparate issues or defences raised in respect of members of a class of claim- ants. No judgment or order can be enforced against any non-party to the proceedings, except with permission of the court. 3.8 Requirements for Cost Estimate Legal practitioners have general duties to inform their clients of the basis on which their fees will be charged, as well as other reasonably foresee- able payments. To the extent possible, estimates of such fees and payments should be provided if requested by clients. Interim applications can be made before trial. These are not limited to case management issues and can be applications for interim relief, such as freezing injunctions, search orders and the sale of perishable property. The Singapore Rules of Court 2021 (ROC) seek to achieve the following five “Ideals”, which will guide the court’s exercise of its powers: • fair access to justice; • expeditious proceedings; • cost-effective work proportionate to: (a) the nature and importance of the action; (b) the complexity of the claim as well as the difficulty or novelty of the issues and questions it raises; and 4. Pre-trial Proceedings 4.1 Interim Applications/Motions (c) the amount or value of the claim; • efficient use of court resources; and
• fair and practical results suited to the needs of the parties. In order to achieve the Ideals, interlocutory mat- ters are streamlined under the ROC. As far as possible, the court must order a single applica- tion pending trial (SAPT) to be made by each of the parties. The SAPT must deal with all matters that are necessary for the case to proceed expe- ditiously. The matters to be included in the SAPT include but are not limited to: • the addition or removal of parties; • the consolidation of actions; • the division of issues at trial to be heard separately; • security for costs; • further and better particulars of pleadings; • the amendment of pleadings; • the filing of further pleadings; • the striking out of part of an action or of the defence; • judgment on admission of facts; • the determination of questions of law or con- struction of documents; • the production of documents; • interim relief, including injunctions, search orders, the detention, custody or preservation of property, the taking of samples or conduct- ing of experiments on the samples, the sale of perishable property, the transfer or handing over of property, the interim use of property capable of generating income, the sale of and dealings with immovable property, interim payments and the appointment of receivers; • expert evidence and assessors; • independent witnesses and interested non- parties; and • independent counsel. The court may direct that the SAPT and support- ing and reply affidavits be filed. If appropriate,
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