2 – Preaction considerations

1.1 Limitation Act............................................................................................................................................1

1.2 Authority to act..........................................................................................................................................2
1.3 Pre-action protocols...................................................................................................................................2
1.3.1 State Courts.....................................................................................................................................................................3
1.3.2 High Court.......................................................................................................................................................................3

1.4 Simplified process......................................................................................................................................3

 If protocol is not engaged in before action is taken, the opposing party can apply to strike out
 Overall all the form seems to arrive towards another form of settlement
1.1 Limitation Act

General rule: For contracts and torts, 6 years Limitation

Act, s 6(1)
 Subject to this Act, actions founded on a contract or on tort shall not be brought after the expiration of 6
(a)
years from the date on which the cause of action accrued.
 Lawyers can be sued by client if they miss the limitation date (eg. Usually due to negotiations). So it is
important to make timely reminders of these dates
 You can issue a writ to protect your client but don’t have to serve it because you are still negotiating. You
can also renew the writ

Exception 1A: For personal injuries from breach of duty, 3 years Limitation
Act, s
 This section shall apply to any action for damages for negligence, nuisance or breach of duty (whether the
24A(2)(a)
duty exists by virtue of a contract or of a provision made by or under any written law or independently of
any contract or any such provision). (s 24A(1))
 An action to which this section applies, where the damages claimed consist of or include damages in respect
of personal injuries to the plaintiff or any other person, shall not be brought after the expiration of 3 years
from the date on which the cause of action accrued. (s 24A(2)(a))

Exception 1B: For personal injuries from breach of duty, 3 years from date of knowledge Limitation
Act, s
 This section shall apply to any action for damages for negligence, nuisance or breach of duty (whether the
24A(2)(b)
duty exists by virtue of a contract or of a provision made by or under any written law or independently of
any contract or any such provision). (s 24A(1))
 An action to which this section applies, where the damages claimed consist of or include damages in respect
of personal injuries to the plaintiff or any other person, shall not be brought after the expiration of 3 years
from the earliest date on which the plaintiff has the knowledge required for bringing an action for
damages in respect of the relevant injury, if that period expires later than the period mentioned in
paragraph (a). (s 24A(2)(b))

Exception 2: For fraud or mistake, 6 years from date of discovery Limitation

Act, s
 Where, in the case of any action for which a period of limitation is prescribed by this Act:

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 o the action is based upon the fraud of the defendant or his agent or of any person through whom he 29(1)
claims or his agent; (s 29(1)(a))
o the right of action is concealed by the fraud of any such person as aforesaid; or (s 29(1)(b))
o the action is for relief from the consequences of a mistake, (s 29(1)(c))
the period of limitation shall not begin to run until the plaintiff has discovered the fraud or the mistake, as the
case may be, or could with reasonable diligence have discovered it.

1.2 Authority to act

Lawyer must have warrant to act O 64 r 7

 Every solicitor representing any party in any cause or matter shall obtain from such party or his duly
authorised agent a warrant to act for such party, either generally or in the said cause or matter. (O 64 r
7(1))
 The absence of such warrant shall, if the solicitor’s authority to act is disputed, be prima facie evidence
that he has not been authorised to represent such party. (O 64 r 7(2))

 Every solicitor who is representing a litigant or prospective litigant must obtain a warrant to act. The fact Tung Hui
that it is a duty to obtain such a warrant and that this duty has been legislated as part of the Rules of (2005)
Court indicates that the warrant is not simply a matter between the solicitor and his own client. The SGHC
warrant is to serve as proof of the solicitor’s authority whenever such proof is needed and not only if the
client himself subsequently disputes it. [41]

Lawyer must ensure that person giving instructions has authority to act on client’s behalf LPPCR, r
5(5)
 When a legal practitioner is given instructions purportedly on behalf of his or her client, the legal
practitioner must:
o ensure that the person giving those instructions has the authority to give those instructions on
behalf of the client; or (r 5(5)(a))
o if there is no evidence of such authority, obtain the client’s confirmation of those instructions
within a reasonable time after receiving those instructions. (r 5(5)(b))
 Note: company can ratify the actions of the lawyer retrospectively

1.3 Pre-action protocols

Overview of available protocols Pinsler’s

slide 62 -
 Non-injury motor accident claims (“NIMA”) (St Ct PD, para 37.)
63
 Personal injury claims (St Ct PD, para 38)
 Medical negligence claims (St Ct PD, para 39; Sup Ct PD, 158 and Appx J)
(Key purpose of the protocols):
 Does client understand the consequences of litigation? Risk of losing. Costs. Time. Anxiety. Adverse publicity
/ relationship between parties.
 Does the potential remedy suit client? Might mediation be the better option? Eg, where employer may gain
more by re-negotiating the terms of an employment contract rather than suing the employee for damages
for breach.
 Lawyer and client need to know what lies ahead in civil litigation so that they are prepared and are able to
anticipate what will or what may occur. This is important to planning and resolving the dispute in the most
favourable manner for the client

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1.3.1 State Courts

Non-injury motor accident claims (NIMA claims) State Courts

PD, para 37
 Pre-repair survey by single joint expert (State Courts PD, Appendix C, para 2)
 Letter of claim (State Courts PD, Appendix C, para 3)
 Negotiation (State Courts PD, Appendix C, para 8)

Personal injury claims (including motor accident claims, but excluding medical negligence claims) State Courts
PD, para 38
 Letter of claim (State Courts PD, Appendix E, para 3)
 Medical reports (State Courts PD, Appendix E, para 8)
 Negotiation (State Courts PD, Appendix E, para 10)

Medical negligence claims (including dental negligence claims) State Courts

PD, para 39
 Letter of request for medical report and other related medical records (State Courts PD, Appendix
D, para 2)
 Letter of request for discussion (State Courts PD, Appendix D, para 3)
 Negotiation (State Courts PD, Appendix D, para 4)

1.3.2 High Court

Medical negligence claims Supreme

Court PD,
 Letter of request for medical report and other related medical records (Supreme Court PD,
para 158
Appendix J, para 2)

1.4 Simplified process

Simplified process must apply to proceedings begun by writ in SGMC O 108 r 1(1)
(a)

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 Simplified process can apply to proceedings begun by writ in SGDC if parties consent O 108 r 1(1)
(b) read with
 File consent in Form 233
r 1(2)

Overview of simplified process State Courts

PD, para 18
 The simplified process provided for by Order 108 is meant to facilitate the fair, expedient and
inexpensive determination of all such proceedings in a manner which is proportionate to:
o the amount of the claim; (State Courts PD, para 18(2)(a))
o the number of parties; (State Courts PD, para 18(2)(b))
o the complexity of the issues; (State Courts PD, para 18(2)(c)) Pinsler slides
o the amount of costs that is likely to be incurred by each party; and (State Courts PD, para 18(2) 65-66
(d))
o the nature of the action. (State Courts PD, para 18(2)(e))
 An important feature of the simplified process is the upfront discovery under Order 108, Rule 2,
which requires parties to serve a list of documents together with their pleadings, to allow the
parties to have the fullest possible particulars of each other’s case in order to facilitate effective
negotiations towards an early resolution of the dispute between the parties without a trial. (State
Courts PD, para 18(3))
 The Case Management Conference (CMC) provided for by Order 108, Rule 3 will be central to the
simplified process. At the CMC, the Court will endeavour to assist the parties in narrowing the
issues between them, managing any interlocutory matters and facilitating an early resolution of the
dispute. (State Courts PD, para 18(4))
 The CMC will not apply to non-injury motor accident claims, personal injury claims, and medical
negligence claims. (State Courts PD, para 18(5))
 Where a case cannot be resolved amicably, the Court will give directions for a simplified trial unless
the circumstances warrant otherwise. (State Courts PD, para 18(6))