What is Civil Litigation?

The law landscape encompasses numerous domains, each with a unique set of principles and procedures. Civil litigation is one such domain, focusing on resolving disputes between individuals or entities through the court system.

In Singapore, civil litigation follows a structured procedure to ensure fairness and justice. This blog aims to break down the process, outlining what civil litigation entails and how it unfolds in our local context.

Civil litigation can be defined as a legal process initiated by one individual or organisation against another to seek a remedy for a perceived injustice. This means that parties can resolve disputes and seek compensation or other forms of relief without involving criminal charges. When negotiations or alternative dispute resolution methods fail, a civil suit is filed, marking the formal commencement of the litigation process. Civil litigation encompasses a wide array of cases, including:

• Contractual Disputes: Breaches of agreements or contracts.
• Tort Claims: Claims for damages arising from negligence, defamation, or other civil wrongs.
• Property Disputes: Disputes related to ownership, boundaries, or use of property.
• Employment Disputes: Conflicts arising from employment relationships, such as wrongful termination or discrimination.
• Family Disputes: Issues related to divorce, child custody, or division of assets.

A civil case typically involves several key participants, each with distinct roles and responsibilities. These include:

The party initiating a civil lawsuit is typically referred to as the applicant, claimant, or plaintiff. They are responsible for filing a formal complaint with the court, detailing their grievances and the desired remedy or relief. In some cases, multiple plaintiffs may join together to file a collective lawsuit.

The party against whom the civil lawsuit is filed is known as the defendant or respondent, depending on the nature of the case. They must respond to the complaint, either admitting or denying the allegations and presenting their own arguments and evidence in their defence. Similar to plaintiffs, there may be multiple defendants in a single case.

The specific judicial officers involved can differ depending on the court type and the case’s nature.

In the Supreme Court, a judge presides over civil litigation cases, ensuring fair and impartial proceedings. The Registrar assists the judge in managing the administrative aspects of the case, such as scheduling hearings and maintaining court records.

In the State Courts, a District Judge or Magistrate may hear civil cases, depending on the complexity and value of the claim. A Deputy Registrar performs administrative duties similar to those of the Supreme Court, supporting the judicial officer in managing the civil suit efficiently.

Witnesses may be called upon to provide testimony or evidence relevant to the case. Their role is to present factual information or expert opinions that can assist the court in reaching a just decision. Witnesses may be called by either party and are subject to cross-examination by the opposing side.

The precise steps involved in civil litigation can vary depending on the specifics of each case. However, there are several key stages:

Before initiating formal legal proceedings, it is common practice for a civil litigation lawyer to send a letter of demand to the opposing party. This letter outlines the grievances, demands compensation or specific actions, and provides an opportunity for resolution without resorting to litigation.

If the letter of demand does not yield a satisfactory resolution, the next step will be to file a formal complaint with the relevant court. This complaint initiates the lawsuit and sets the legal process in motion. The complaint must clearly detail the plaintiff’s grievances, the legal basis for their claim, and the specific relief or remedy sought.

Once the civil lawsuit is filed, both parties engage in the discovery process, where they gather evidence to support their respective positions. This may involve exchanging documents, conducting interviews, and obtaining expert opinions. Thorough evidence collection is essential for building a solid case.

Before the trial, both parties participate in pre-trial conferences and hearings to address procedural matters and potentially explore settlement options. If no settlement is reached, the civil case will proceed to trial, and both parties will have to present their arguments and evidence to a judge.

After hearing and reviewing all the evidence and arguments, the judge will deliberate and reach a verdict. The verdict will determine whether the plaintiff’s claims are valid and, if so, what remedies or damages should be awarded.

Once the verdict is delivered, the court will issue orders outlining the specific actions each party must take to comply with the decision. This may involve payment of damages, transfer of property, or specific performance of contractual obligations. Both parties are legally bound to adhere to these court orders.

If either party is dissatisfied with the court’s decision, they may file an appeal to review the original verdict and potentially overturn or modify it. The grounds for an appeal are generally limited to errors of law or procedural irregularities. However, the specific civil appeal process and the aspects of the decision that can be appealed against will vary depending on the court where the case was initially heard.

There are different procedures for appeals against State Courts decisions, against decisions made by a registrar in the General Division of the High Court, and against decisions made by the Appellate Division of the High Court. Each process has its own nuances and requirements.

At DLLC, our team of experienced civil litigation lawyers possesses the expertise and proficiency to handle a wide range of civil suits. We understand the intricacies of litigation law in Singapore and are dedicated to providing tailored legal solutions that address your unique needs. Our civil attorneys will meticulously analyse your case, develop a strategic approach, and diligently advocate for your interests in court.

If you are facing a civil dispute in Singapore, do not hesitate to reach out to us. Our team of civil and business solicitors is committed to ensuring you receive high-quality legal representation throughout any and all legal processes.