PARTIES TO PROCEEDINGS AND
CAUSES OF ACTION |
| Parties to proceedings in own name (O. 4, r. 1) |
1. The following may be parties to proceedings in their own name, whether as claimant, defendant, third party or in any other capacity:| (a) | a person who is 18 years of age or older but below 21 years of age and where section 36 of the Civil Law Act applies; | | (b) | a person who is 21 years of age or older; | | (c) | any entity with the capacity to sue or be sued under any law in Singapore or elsewhere. |
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| Representation by litigation representative (O. 4, r. 2) |
2.—(1) The following persons must be represented by a litigation representative in proceedings:| (a) | a person who is below 21 years of age and who does not come under Rule 1(a); | | (b) | a person who lacks capacity within the meaning of the Mental Capacity Act in relation to matters concerning the person’s property and affairs. |
| (2) A litigation representative must be a person who can be a party to proceedings in his or her own name. |
| (3) A litigation representative must not have any interest adverse to that of the person he or she is representing. |
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| Representation by solicitor, etc. (O. 4, r. 3) |
3.—(1) The following must be represented by a solicitor in proceedings:| (a) | a person who is represented by a litigation representative under Rule 2(1)(b); | | (b) | subject to paragraphs (2), (3) and (4), any entity with the capacity to sue or be sued under any law in Singapore or elsewhere. |
| (2) A registered trade union may be represented by an officer of the trade union pursuant to section 26(6) of the Trade Unions Act. |
(3) For the purposes of section 34(1)(ea) of the Legal Profession Act, the Court may, on an application by a company, variable capital company or limited liability partnership, give permission for an officer of the company, variable capital company or limited liability partnership to act on behalf of the company, variable capital company or limited liability partnership in any relevant matter or proceeding to which the company, variable capital company or limited liability partnership is a party, if the Court is satisfied that —| (a) | the officer has been duly authorised by the company, variable capital company or limited liability partnership to act on behalf of the company, variable capital company or limited liability partnership in that matter or proceeding; and | | (b) | the officer has sufficient executive or administrative capacity or is a proper person to represent the company, variable capital company or limited liability partnership in that matter or proceeding. |
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(4) For the purposes of section 34(1)(eb) of the Legal Profession Act, the Court may, on an application by an unincorporated association (other than a partnership or a registered trade union), give permission for an officer of the unincorporated association to act on behalf of the unincorporated association in any relevant matter or proceeding to which the unincorporated association is a party, if the Court is satisfied that —| (a) | the officer has been duly authorised by the unincorporated association to act on behalf of the unincorporated association in that matter or proceeding; and | | (b) | the officer has sufficient executive or administrative capacity or is a proper person to represent the unincorporated association in that matter or proceeding. |
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(5) For the purposes of section 34(1)(ea) and (eb) and (3) of the Legal Profession Act and in this Rule, “relevant matter or proceeding” means —| (a) | any matter or proceeding commenced in, or any appeal under any written law from any tribunal to, the Court of Appeal; | | (b) | any matter or proceeding commenced in, or any appeal under any written law from any tribunal to, the Appellate Division; | | (c) | any matter or proceeding commenced in the General Division and any appeal from that matter or proceeding; | | (d) | any matter or proceeding commenced in a Family Court and any appeal from that matter or proceeding; | | (e) | any matter or proceeding commenced in a District Court and any appeal from that matter or proceeding; and | | (f) | any matter or proceeding commenced in a Magistrate’s Court and any appeal from that matter or proceeding. |
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(6) In this Rule —| “company” means a company incorporated under the Companies Act; |
“Court” means —| (a) | the Court of Appeal, if the relevant matter or proceeding is —| (i) | any matter, proceeding or appeal mentioned in paragraph (5)(a); or | | (ii) | any appeal mentioned in paragraph (5)(c), (e) or (f) to the Court of Appeal, in respect of which no permission has been given under paragraph (3) or (4) by a court below; |
| | (b) | the Appellate Division, if the relevant matter or proceeding is —| (i) | any matter, proceeding or appeal mentioned in paragraph (5)(b); or | | (ii) | any appeal mentioned in paragraph (5)(c), (e) or (f) to the Appellate Division, in respect of which no permission has been given under paragraph (3) or (4) by a court below; |
| | (c) | the General Division, if the matter or proceeding is —| (i) | any matter, proceeding or appeal mentioned in paragraph (5)(c); or | | (ii) | any appeal mentioned in paragraph (5)(e) or (f) to the General Division, in respect of which no permission has been given under paragraph (3) or (4) by a court below; |
| | (d) | a Family Court, if the relevant matter or proceeding is any matter, proceeding or appeal mentioned in paragraph (5)(d); | | (e) | a District Court, if the relevant matter or proceeding is —| (i) | any matter, proceeding or appeal mentioned in paragraph (5)(e); or | | (ii) | any appeal mentioned in paragraph (5)(f) under Division 2 of Order 18, in respect of which no permission has been given under paragraph (3) or (4) by a Magistrate’s Court; or |
| | (f) | a Magistrate’s Court, if the relevant matter or proceeding is any matter, proceeding or appeal mentioned in paragraph (5)(f); |
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| “limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act; |
| “manager”, in relation to a limited liability partnership, has the meaning given by the Limited Liability Partnerships Act; |
“officer” —| (a) | in relation to a company or variable capital company, means any director or secretary of the company or variable capital company, or a person employed in an executive capacity by the company or variable capital company; | | (b) | in relation to a limited liability partnership, means any partner in or manager of the limited liability partnership; | | (c) | in relation to an unincorporated association (other than a partnership or a registered trade union), means the president, the secretary, or any member of the committee of the unincorporated association; or | | (d) | in relation to a registered trade union, has the meaning given by the Trade Unions Act; |
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| “partner”, in relation to a limited liability partnership, has the meaning given by the Limited Liability Partnerships Act; |
| “registered trade union” has the meaning given by the Trade Unions Act; |
| “variable capital company” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018. |
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| Representation of estates (O. 4, r. 4) |
4.—(1) Where any defendant has died but a cause of action against him or her survives and no grant of probate or letters of administration has been made, the action may be brought against the estate of the deceased which is to be described as “personal representatives of (defendant’s name) deceased”.(2) In any action brought against the estate of a deceased person —| (a) | the claimant must, during the period of validity for service of the originating claim or originating application, apply to the Court for —| (i) | an order appointing a person to represent the deceased’s estate for the purpose of the proceedings; or | | (ii) | if a grant of probate or letters of administration has been made — an order that the personal representative of the deceased be made a party to the proceedings, |
| and in either case for an order that the proceedings be carried on against the person appointed or (as the case may be) against the personal representative, as if he or she had been substituted for the estate; and |
| | (b) | the Court may, at any stage of the proceedings and on any terms that the Court thinks just and either of its own motion or on application, make any order mentioned in sub‑paragraph (a) and allow amendments (if any) to be made, and make any other order that the Court thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon. |
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| (3) Where the Public Trustee has been appointed by an order under paragraph (2) to represent the deceased’s estate, the originating claim or originating application for the action must be served on the Public Trustee, whose appointment is limited to accepting service of the originating claim or originating application unless the Public Trustee consents to take further steps in the proceedings on behalf of the estate of the defendant. |
| (4) Where no grant of probate or letters of administration has been made, any judgment or order given or made in the action binds the estate to the same extent as if a grant had been made and a personal representative of the deceased had been a party to the action. |
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| Representation of parties who die or become bankrupt (O. 4, r. 5) |
5.—(1) Where a party to an action dies or becomes bankrupt after the action has been commenced but the cause of action survives, the action does not terminate by reason of the death or bankruptcy.| (2) At the case conference, the Court must give directions for the further conduct of the action. |
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| Representative proceedings (O. 4, r. 6) |
6.—(1) Where numerous persons have a common interest in any proceedings, such persons may sue or be sued as a group with one or more of them representing the group.| (2) Where a group of persons is suing under this Rule, all members in the group must give their consent in writing to the representative to represent all of them in the action and they must be included in a list of claimants attached to the originating claim or the originating application. |
| (3) Where a group of persons is being sued under this Rule, the Court may appoint one or more of them as representative to represent those in the group who have given their consent in writing to the representative in the action and they must be included in a list of defendants attached to the order of Court. |
| (4) Where there is a class of persons and all or any member of the class cannot be ascertained or cannot be found, the Court may appoint one or more persons to represent the entire class or part of the class and all the known members and the class must be included in a list attached to the order of Court. |
| (5) A judgment or order given in such an action is binding on all the persons and the class named in the respective lists stated in paragraphs (3) and (4). |
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| Claim for declaration without other relief (O. 4, r. 7) |
| 7. The Court may make a declaratory judgment or order whether or not any other relief is sought. |
| Appointment, change and discharge of solicitor (O. 4, r. 8) |
8.—(1) Where a party who was not represented by a solicitor decides to appoint a solicitor, the party must file and serve a notice of appointment of solicitor in Form 3 on all the parties.| (2) Unless notice is given according to this Rule, a solicitor who is appointed by a party at any stage of an action is deemed to be acting for the party in the action until the final conclusion of the action in the Court, and his or her business address is deemed to be the address for service of all documents in the action until such conclusion. |
| (3) A party who intends to change his or her solicitor must file and serve a notice of change of solicitor in Form 3 on all the parties. |
| (4) A party who after having sued or defended by a solicitor, intends and is entitled to act in person without legal representation, must file and serve a notice of intention to act in person in Form 4 on all the parties. |
| (5) Where a solicitor has died, has ceased practice for any reason or cannot be contacted, and the party who appointed the solicitor fails to give the notice under paragraph (3) or (4), any other party may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor appointed for the firstmentioned party and to give such directions as are appropriate. |
| (6) Notice given under this Rule takes effect from the time of service of the notice and does not affect the rights of the solicitor and the party who appointed the solicitor as between themselves. |
| (7) Where a party has no solicitor acting for the party on record, the party must give notice by letter to all the parties stating an address in Singapore for service of all documents. |
| (8) Where a party fails to comply with paragraph (7), the party’s last known address in Singapore or, in the case of an entity, the registered or principal office in Singapore is deemed to be the party’s address for service of all documents. |
| (9) Where a party has no address in Singapore, the party may give notice by letter to all the other parties stating an electronic mail address for service of all documents and by doing so, the party is deemed to agree that ordinary service and personal service of all documents may be effected using that electronic mail address. |
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| Withdrawal of solicitor who has ceased to act for party (O. 4, r. 9) |
9.—(1) Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with Rule 8(3), or notice of intention to act in person in accordance with Rule 8(4), the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter, and the Court may make an order accordingly, but until the solicitor serves on every party to the cause or matter (not being a party in default as to the filing of a notice of intention to contest or not contest) a copy of the order and files a notice in Form 5 of his or her having ceased to act as solicitor for the party, the solicitor is, subject to Rule 8, considered the solicitor of the party till the final conclusion of the cause or matter.| (2) An application for an order under this Rule must be made by summons in Form 6 and the summons must, unless the Court otherwise directs, be served on the party for whom the solicitor acted. |
| (3) The application mentioned in paragraph (2) must be supported by an affidavit stating the grounds of the application. |
| (4) An order in Form 7 made under this Rule does not affect the rights of the solicitor and the party for whom he or she acted as between themselves. |
| (5) Despite anything in paragraph (1), where the legal aid certificate of an assisted person within the meaning of the Legal Aid and Advice Act is revoked or discharged, the solicitor who acted for the assisted person ceases to be the solicitor acting in the cause or matter; and if the assisted person whose certificate has been revoked or discharged desires to proceed with the cause or matter without legal aid and appoints that solicitor or another solicitor to act on his or her behalf, Rule 8(1) applies as if that party had previously sued or defended in person. |
| (6) Notice that a solicitor has ceased to act for an assisted person pursuant to paragraph (5) together with the last known address of the assisted person for service must be served in the manner prescribed by the Legal Aid and Advice Act. |
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