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SINGAPORE – The Ministry of Justice (MinLaw) is studying restraint procedures to give the courts more powers to control "vexatious" proceedings, or issues that may not have sufficient foundation.
amendments to the Supreme Court of Justice Act (SCJA), which were submitted for public consultation on Monday, July 2, the ministry said the changes would allow the High Court or the Court of Appeal to Act alone to contain a vexatious litigant.
MinLaw did not cite any particular case in his statement, but stated that the proposed changes would allow the courts to adopt a "nuanced approach", as opposed to a total ban on all other court proceedings brought by such courts. a litigant, which is currently the case.
The Department is reviewing several changes to judicial procedures and procedures.
"Vexatious proceedings usually have very little chance of success, but the litigant could continue to pursue the issue," said Singapore University Management Law don Eugene Eugene.
"When the individual can not win the case on merit, sometimes they look at various methods, including judicial review. This is often done to the detriment of the resources of the court and the other party. "
He said," The concern is that a vexatious procedure, if pursued, will amount to an abuse of legal process and an inappropriate use of time and the public.
In a particular case in 2016, a woman was summoned by the highest court to ask permission if she wanted to continue in the future.On a period of 16 years, the former official had filed a series of "
Judith Prakash, Judge of Appeal, then stated:" If such an order is not made, the vexatious litigant, having lost sight of the rationality or the reality and the fact To have an aggravated sense of injustice about his case is very likely to persist indefinitely in the commencement of a legal proceeding. "
The proposed amendments to the SCJA would, among other things, allow the court to order that no other document be a d file if it considered that it would be vexatious or for an improper purpose.
The Amendments , if passed, would also allow the Court of Appeal to dismiss without notice, appeals or applications in cases, if the case relates to an issue has already been decided by the Court of Justice. Appeal or if it does not have jurisdiction to hear the case.
Other changes include the possibility for the Supreme Court to hold hearings by videoconference or other electronic means Currently, the law does not provide for the general conduct of videoconferencing hearings, except when witnesses in civil cases testify. "The wider use of technology for civil court hearings," said MinLaw, "will allow for a more comprehensive and timely". econ omit time and money
MinLaw indicated that it also plans to allow courts to charge late fees for non-compliance with the Rules of Procedure, court orders and practice guidelines to encourage parties and their lawyers to respect them
. The amendments, if adopted, would also encourage the parties to present all relevant evidence at the trial hearing because they will have to seek leave of the court before they can admit to the court. 39, other evidence on appeal.
appeal and seeks to allow civil appeals in state courts to be brought directly before the court of appeal in cases where a decision is urgently required. 9659002] In such cases, leave of the Court of Appeal will be required, and the appeal must relate to points of law of general public importance.
"This will apply in civil cases where there is a strong public interest and will ensure the court" The public consultation on the SCJA amendment proposals will take place from July 2nd to 30th.
Members of the public can view the public consultation document online at https: // www.mlaw.gov.sg/content/minlaw/en/news/public-consultations/Publ … and send your comments to [email protected]
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