Group Litigation in Singapore

• DOI: 10.1177/0002716208328871
• Date: 01 March 2009
• Published date: 01 March 2009
• Subject Matter: Articles

296 ANNALS, AAPSS, 622, March 2009

The only form of group litigation recognized by the

Singapore Rules of Court at present is the represen-

tative action. The adequacy of the procedure, and

the possible introduction of a wider group/class

action mechanism, is being considered. The litiga-

tion in Tan Chin Seng & Others v. Raffles Town Club

Pte Ltd [2002] SGHC 278 (High Court) and Tan

Chin Seng and Others v. Raffles Town Club Pte Ltd

(No 2) [2003] 3 SLR 307 (Court of Appeal) provides

a useful example of representative proceedings and

will be considered.

Keywords: representative actions; Rules of Court;

discussions on the introduction of a class

actions mechanism

Singapore’s legal system is based on common

law (primarily English law). The Singapore

Rules of Court (2006 Revised Edition) that

govern civil procedure have their roots in the

former English Rules of the Supreme Court.

1. Representative Litigation—

General and Specific Rules

The only form of representative group liti-

gation recognized by the Rules of Court is the

representative action governed by Order 15,

Rule 12, which corresponds to the former

Order 15, Rule 12 of the English Rules of the

Supreme Court. There are no rules governing

nonrepresentative group litigation. Order 15,

Rule 12(1) of the Rules of Court provides that

where numerous persons have the same interest

in any proceedings, not being such proceedings

as are mentioned in Rule 13, the proceedings

may be begun, and, unless the Court otherwise

orders, continued, by or against any one or more

of them as representing all or as representing all

except one or more of them.

Group

Litigation in

Singapore

By

JEFFREY PINSLER

Jeffrey Pinsler is a professor of law at the National

University of Singapore.

DOI: 10.1177/0002716208328871