Starting A Civil Litigation Lawsuit in Singapore

There are generally 2 types of litigation – civil and criminal.

Civil litigation is the type of Court proceeding which take place if the legal dispute relates to a person’s private rights and liabilities, which he seeks to protect and receive relief or compensation for by suing, or filing suit against someone else. Common civil claims include disputes over breaches of contracts, negligence, personal injury, fraud, misrepresentation, intellectual property infringements, etc.

So, How Do You Start To Sue Someone In The Courts?

This area of the laws in Singapore is governed by the Rules of court, which is the main subsidiary legislation on Singapore’s civil procedure.

To commence civil proceedings in Singapore, you need to start with an originating process. There are 2 types of originating processes in Singapore – the Writ of Summons and the Originating Summons. An experienced lawyer should be able to advise you on which originating process to use for your specific needs.

The Writ of Summons

Writs of Summons are governed by Order 6 of the Rules of Court and must comply with Form 2 of the Rules of Court.

Civil actions involving substantial disputes of fact are normally commenced by way of a Writ of Summons. In fact, Writs of Summons are more common than Originating Summonses.

A Writ of Summons is a formal document addressed to the defendant requiring him to enter an appearance if he wishes to dispute the plaintiff’s claim.

Claims which normally begin with a Writ of Summons include, but are not limited to: These include, but are not limited to:

• Contractual Claims –  claims for damages resulting from breach of contractual terms and obligations, etc.
• Tort Claims – claims for damages for property damage caused by accidents and negligence, claims for damages for fraud and defamation, etc. 
• Personal Injury Claims – claims for damages for personal injury and / or death resulting from road and industrial accidents or negligence, etc.
• Intellectual Property Claims – claims for damages for infringement of copyright, trademark or patent, etc.
• Admiralty and Shipping actions.
• The Writ of Summons must generally the key elements of the claim. This is usually elaborated upon in the Statement of Claim, which is usually filed and served at the same time as the Writ of Summons. The key elements include:
  • Cause of action: this is the basis and reason for the claim. This includes the identities of all relevant parties and the documents, agreements, events and facts which satisfy the legal requirements for claims of the same kind.
  • Remedies/Relief Claimed: these are the types and form of compensation, redress or corrective action which you seek from the Court.