Civil Litigation Lawyers in Singapore

Civil litigation covers disputes where one party says another has wronged them: a contract broken, a debt unpaid, a duty of care breached, a reputation damaged. The remedy is usually compensation, sometimes an injunction requiring conduct to stop, and occasionally an order that something be done.

It is a wide field, and it includes contract and commercial disputes, debt recovery, negligence and personal injury, fraud, defamation, sale of goods, landlord and tenant, property disputes and shareholder disagreements.

The first question is whether to sue at all

Most firms begin by telling you that you have a strong case. The more useful question is whether bringing the claim leaves you better off.

Two things decide that, and neither of them is the merits:

• Whether the defendant can pay. A judgment against a company with no assets is a piece of paper. This is worth establishing at the outset rather than discovering at the end
• What the process asks of you. Time, the disclosure of your own documents, and in a commercial matter, a relationship you may still need afterwards

We will tell you where a claim is not worth bringing. That conversation takes one meeting and can save you a year.

Before proceedings: the letter of demand

A great many disputes end with a properly drafted demand, because it is the first point at which the other side has to take the matter seriously and get advice of their own.

Done well, it sets out the claim, the basis for it, what you want and by when, and it does so in terms that do not damage your position later. Done badly it can concede a point you did not mean to concede. Our notes on sending a letter of demand and on cease and desist letters set out what each is for.

If it is ignored, you have lost very little and gained something: a documented attempt to resolve matters, which courts notice.

Which court hears it

Where a claim is filed depends mostly on how much it is worth, and it makes a real difference to how the matter is run:

• Small Claims Tribunals for claims up to S$20,000, or up to S$30,000 where both parties agree. Deliberately quick and informal, and lawyers are not permitted to represent parties there
• Magistrates’ Court for claims up to S$60,000
• District Court for claims up to S$250,000
• General Division of the High Court for anything above that

The threshold matters more than people expect, because a claim pleaded just above a limit moves into a different forum with a different procedure.

The shape of a civil case

The demand. As above, and often the end of the matter.

Starting the claim. Under the Rules of Court 2021 most claims begin with an originating claim and a statement of claim, setting out the facts relied on and the remedy sought.

Defence, and any counterclaim. The other side answers, and frequently makes a claim of its own.

Production of documents. Each side produces the documents that matter, including the unhelpful ones. This stage is where cases are often won, lost, or settled.

Affidavits of evidence in chief. Witness evidence is put in writing before trial, so nobody is surprised by it on the day.

Trial. Witnesses are cross-examined and submissions made.

Judgment, and then enforcement. Which is a separate exercise, and the one people forget.

Mediation is not a soft option

Singapore’s courts expect parties to consider settlement seriously, and an unreasonable refusal to mediate is something a court can take into account, even against a party that goes on to win.

That is not a reason to settle a case you should fight. It is a reason to treat mediation as part of the strategy rather than as a diversion from it, and to arrive at it prepared rather than resigned.

Winning is not the same as being paid

A judgment entitles you to money. It does not deliver it. Where a losing party will not pay, enforcement is its own process, and the available routes include seizing and selling assets, attaching debts owed to the defendant by someone else, examining the debtor about what they own, and in the right case, bankruptcy or winding up proceedings.

Enforcement is a further exercise in its own right, which is the practical reason the “can they pay” question belongs at the start of a case rather than at the end of it. Our note on the legal debt recovery process covers the ordinary route in more detail.

The disputes we act on

Contract and commercial disputes. Supply, services, distribution and shareholder disagreements, including where a company’s own officers are the problem. Related: nominee directors and shareholders.

Debt recovery. From a first demand through to enforcement, for businesses chasing invoices and for individuals owed money personally.

Negligence and personal injury. Accidents, workplace injury and medical negligence, where the limitation period is shorter than the general one. See our guide to personal injury law.

Defamation. Reputational harm in print and online, where speed matters and the wrong first move is expensive. Related: defamation and slander.

Landlord and tenant. Rent, deposits, reinstatement and forfeiture, on both sides. See common landlord and tenant disputes.

Intellectual property disputes. Including copyright infringement, where an injunction is often worth more than damages.

Construction disputes are dealt with on our construction page, and where a contract requires arbitration rather than court, see international arbitration.

For a fuller walk through the procedure, our article on the civil litigation process in Singapore covers it end to end.

Civil litigation in Singapore: frequently asked questions

How long do I have to bring a claim?

Generally six years for contract and for most torts, running from when the cause of action arose. Personal injury claims are shorter, usually three years, and time can run from when you knew about the injury rather than from the accident. Limitation is unforgiving: a good claim brought late is not a claim at all, so it is worth checking early.

What if they simply ignore my letter of demand?

Then you decide whether to commence proceedings, with better information than you had before. A demand that is ignored is not a wasted step: it establishes the claim, starts the clock in the other side’s mind, and shows a court that you tried.

Can I sue someone who has no money?

You can. Whether you should is another matter. A judgment against a person or company with nothing to take is expensive paper. We would rather establish what can actually be recovered before you commit, including whether assets exist and whether they are likely to still be there at the end.

Do I need a lawyer for the Small Claims Tribunals?

You cannot have one there. Lawyers are not permitted to represent parties in the Tribunals, which is part of what keeps them quick and inexpensive. We can still advise you beforehand on whether your claim belongs there, what to bring, and how to put it.

How long will a case take?

A claim that settles after a demand can be over in weeks. A matter that runs to trial is usually measured in many months to years, depending on the court, the complexity, and how much documentary evidence is involved. Most cases settle before trial, and most of them settle later than they should have.

Do I have to attend court in person?

For interlocutory steps, usually not; your lawyers attend. If the matter goes to trial and you are a witness, you will give evidence and be cross-examined. We prepare you for that properly, because it is the part clients dread and the part that is most improved by knowing what to expect.

Is mediation compulsory?

Not in the sense of being forced to settle, but you are expected to consider it seriously, and an unreasonable refusal is something a court can hold against you even if you go on to win. Approached properly it is a negotiating opportunity with a judge’s expectations behind it, not a concession.

What happens if I win and they still do not pay?

Enforcement. Assets can be seized and sold, debts owed to them by third parties can be attached, and the debtor can be examined in court about what they own. In the right case bankruptcy or winding up proceedings apply pressure that nothing else does. Each route is a further step in its own right, which is why the question is worth asking at the start.