Financial obstacles to civil litigation in Singapore.

What is it about?

Access to justice is a key value of Singapore’s legal system — it ensures that everyone can seek protection or remedies through the courts. Although this right is not explicitly stated in the Constitution, it is widely recognised by the courts and government as essential to fairness and equality before the law. However, one major barrier remains: the cost of pursuing or defending a civil case. This means that people with fewer financial means often cannot afford to go to court, even when they have legitimate claims. Wealthier parties can also use their financial advantage to pressure or silence others through costly legal action. The chapter highlights that civil litigation costs in Singapore are high, with lawyer fees, court charges, and expert witness expenses going beyond what an average earner in Singapore can afford. Although court rules allow a winning party to recover some legal costs, the need to pay large sums upfront remains an obstacle to starting a claim in the first place. To address these barriers, Singapore’s judiciary has introduced many reforms over the years. These include the Small Claims Tribunals, which provide fast, low-cost dispute resolution without lawyers; the widespread use of mediation and alternative dispute resolution (ADR); and new procedures under the Rules of Court 2021 that simplify and speed up cases. Technology has also helped through online filing and virtual hearings, while pro bono services and public education increase accessibility. Despite these improvements, the cost of legal representation remains high, and the ideal of access to justice continues to be an ongoing challenge that require attention.

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Photo by Sharon GM on Unsplash

Photo by Sharon GM on Unsplash

Why is it important?

This chapter highlights how high legal costs can prevent ordinary people in Singapore from seeking justice and details the strides the Singapore judiciary has taken to ensure this. It also underscores the need for ongoing reforms to make justice genuinely affordable and accessible to all.