Things to Consider before Suing
Here at Lions Chambers LLC, we advise our clients to commence civil litigation in the courts only if it makes commercial sense or if it has a reasonable prospect of succeeding. There are many factors we take into consideration.
Limitation Periods
Every now and then, we come across clients who’ve waited too long before approaching a lawyer. Their claims are barred by the law (specifically, the Limitation Act).
If your claim is based on a contract or based on a tort (for example, breach of duty of care, defamation, harassment, negligence resulting in property loss, etc.), you have six years from the date your claim arose to file suit in the courts. However, if there was fraud involved in either a contractual claim or a tortious claim, you have six years from the date you discovered the fraud or the date you could have discovered the fraud with reasonable due diligence.
If your claim is based on a personal injury you suffered (for example, as a result of a road traffic accident), you have three years from the date you suffered the injury or the date you had sufficient knowledge to commence legal proceedings in respect of a specific injury, whichever is later.
If your claim is over a death caused by negligence, default or a wrongful act or omission, you have three years from the date of death to file a claim.
We are able to advise you on the limitation period/s applicable to your claim/s if you are considering legal action.
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At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
Evidence
Sometimes, life is just not fair. You may have the most rightful claim, but because you don’t have enough evidence, your claim is bound to fail in the courts, and you may have to resort to other methods to receive justice. The law and the judges can decide upon your case only based on verified evidence and not mere hearsay or rumours.
In such cases, we assess the available evidence very carefully with our clients. Often, we advise our clients to consider negotiations and alternative solutions to receive their dues.
Will you be found at fault too?
You must be prepared for the possibility, in certain circumstances, that the opposing party may have a claim against you and may choose to file a counter-claim against you once they find out you have commenced legal proceedings against them.
In a number of cases, especially contractual claims, both sides have grievances against each other and may choose to counter-claim against each other. If your case falls in such a category, you have to weigh your options and costs very carefully before deciding to take the plunge into civil litigation.
Costs of Litigation
Ask your lawyer for cost estimates for filing your claim in the civil courts. Think carefully about the legal fees and court fees involved and start doing your sums. It may not make sense to file your claim in the courts if the costs are too prohibitive.
In addition, you must remember that even if you win, the losing party may not be able to pay you whatever the judge ordered him or her to pay you. We will advise you on the proper precautions and investigations to undertake to avoid this scenario as much as possible.
And that’s not all. Even if you win, the losing side may not have to pay the fees you paid to your lawyer to make your claim. The courts in Singapore routinely make orders compelling the losing party to pay for only two-thirds or less of your lawyer’s fees.
We at Lions Chambers LLC strive to be honest and upfront with our clients about costs so that they make the right decision over whether or not to mount a civil claim in the courts. Our costs are reasonable, transparent and fair.
Need Advice ?
Speak to a Lawyer Now
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
Enforcement of Judgment
Let’s assume you win your civil claim. The losing party may refuse to pay, hide their assets, transfer their assets overseas or even abscond and disappear. In such cases, you may have to file additional proceedings in the Courts to recover the sums the judge may have awarded you. These include garnishee proceedings, writs of seizure and sale, committal proceedings and examinations of judgment debtors. In certain circumstances, you may even have to take out special civil proceedings in the courts like Mareva Injunctions and Anton Piller Orders to enforce your claim.
Alternative Dispute Resolution
If costs are a factor and the opposing party is reasonable, alternative dispute resolution solutions like mediation are often a really good idea. Mediation aims to assist both parties to agree to an amicable settlement without the considerable time and money involved in civil litigation.
We sincerely believe in reducing costs for our clients and keep it top of mind. We strive to negotiate and mediate before commencing legal proceedings.
There are many other factors that you should consider before commencing civil litigation. Give us a call if you are considering whether or not you should sue someone.
How can we help you
Lawsuits in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in debt recovery in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.