Ever found yourself in a situation where a friendly agreement has turned sour? Perhaps a contractor didn’t complete the work as promised, or a business partner isn’t holding up their end of the deal. These are common scenarios that can lead to a legal process known as civil litigation.
This could be anything from a breach of contract to a property dispute. Understanding the meaning of civil litigation is the first step to navigating your legal options.
Understanding Civil Litigation
So, what is civil litigation? In simple terms, it’s the process of resolving disputes between individuals or organisations through the Court system.
It’s different from criminal law, which deals with offences against the state. Civil litigation is all about protecting your private rights. Understanding the meaning of civil litigation is the first step to navigating your legal options.
It is the formal legal mechanism to seek a remedy for a civil wrong, like getting compensation for a loss or forcing someone to fulfil their contractual duties.
What Does a Civil Litigation Lawyer Do?
You might be wondering, “What does a civil litigation lawyer do?”
A civil litigation lawyer is your guide and advocate through the entire legal process. Their role is multifaceted. They begin by providing you with a clear assessment of your case, explaining your rights and the potential outcomes.
From drafting legal documents like the Writ of Summons and statement of claim to meticulously gathering evidence and interviewing witnesses, they build a robust case on your behalf.
They represent you in all Court hearings, presenting arguments and cross-examining the other party. Ultimately, their job is to protect your interests, whether you are the one making a claim (the plaintiff) or defending against one (the defendant).
Common Types of Civil Disputes In Singapore
Civil litigation is a broad field that addresses a wide range of disagreements. In Singapore, these disputes often arise from everyday interactions and business dealings. Here’s a closer look at some of the most common cases that end up in the civil Courts.
Breach of Contract
Contracts are the backbone of many personal and professional relationships, and when they are broken, civil litigation is often the remedy. This happens when one party doesn’t fulfil their side of a legally binding agreement.
Think about a renovation contractor who uses substandard materials or abandons the job halfway. Or consider a business that fails to deliver goods after receiving payment. Employment contracts are another frequent source of disputes, such as when an employer wrongfully dismisses an employee or an employee breaches a non-compete clause.
Personal Injury Claims
Accidents happen, but when an injury is caused by someone else’s carelessness, you may have a right to claim compensation. This area of civil litigation aims to help victims recover costs for medical treatment, loss of earnings, and pain and suffering.
Common examples in Singapore include traffic accidents involving cars, cyclists, or pedestrians, or “slip and fall” incidents in a poorly maintained shopping centre or public space. The goal is to put the injured person back in the financial position they were in before the accident.
Property Disputes
With property being such a significant asset in Singapore, it’s no surprise that disputes over it are common. These disagreements can involve landlords and tenants, perhaps over the return of a security deposit or an early termination of a lease.
They can also arise between neighbours over issues like property boundaries or excessive noise. Co-ownership disputes, where joint owners of a property disagree on whether to sell it, are also handled through civil proceedings in Court.
Debt Recovery
This is a straightforward but essential area of civil litigation. It involves taking legal action to reclaim money that is rightfully owed to you. This could be an unpaid invoice for services you’ve provided, a personal loan to a friend that was never repaid, or any situation where a clear debt exists. The legal process provides a formal way to demand payment and, if necessary, to enforce a Court order to recover the funds.
Contentious Divorce Proceedings
While a Divorce is a deeply personal matter, the legal process to dissolve it falls under civil litigation, especially when disagreements arise. Many couples manage to settle matters amicably through mediation.
However, when there are significant disputes over the division of matrimonial assets like the family home and CPF funds, or disagreements about child custody, care, and control, the Court’s intervention becomes necessary. In these contentious cases, a lawyer will represent their client’s interests to ensure a fair outcome according to the law.
How Much Does Civil Litigation Cost in Singapore?
Understanding the cost of a lawsuit is crucial. The total expense isn’t a single figure but is made up of a few key components.
First are your lawyers’ fees, which cover the work your legal team does. This is often the largest cost and can be billed at an hourly rate or as a fixed fee for specific tasks.
Next are disbursements and Court fees. These are the out-of-pocket expenses for filing official documents with the Court and other costs like paying for expert reports or commissioning affidavits.
Finally, and most importantly, is the concept of party-and-party costs. In Singapore’s legal system, the losing party is typically ordered to pay a portion of the winning party’s legal fees. This rule discourages frivolous lawsuits and encourages reasonable settlements. If you lose, you could be paying your own lawyer’s bill plus a part of the other side’s.
The total cost ultimately depends on your case’s complexity and how long it takes to resolve. Settling a dispute early is almost always the most cost-effective path.
Conclusion About Civil Litigation In Singapore
The civil litigation process can seem complex, but with the right legal team, you can navigate it with confidence. Having a skilled lawyer is invaluable.
At Tembusu Law, we understand the stresses of legal disputes. Our team of experienced lawyers is here to provide you with the support and guidance you need.
If you are looking for the best civil litigation lawyer or a criminal lawyer in Singapore or require assistance with any other civil matter, we are here to help.
Contact us today for a free consultation.
Frequently Asked Questions About Civil Litigation In Singapore
What Are The First Steps In A Civil Litigation Case?
The first step is usually to send a letter of demand to the other party, outlining your claim and what you are seeking. If this does not result in a resolution, you would then file a claim in the appropriate Court.
How Long Does Civil Litigation Take?
The duration of a civil litigation case can vary significantly depending on the complexity of the dispute, the willingness of the parties to cooperate, and the Court’s schedule. Some cases can be resolved in a few months, while others may take years.
What Is The Difference Between Civil Litigation And Criminal Litigation?
Civil litigation deals with disputes between private parties, such as individuals or businesses. The goal is usually to seek compensation or a specific action. Criminal litigation, on the other hand, involves the state prosecuting an individual for a crime.
What Kind Of Disputes Are Handled In Civil Litigation?
Civil litigation covers a wide range of disputes, including breach of contract, property disputes, personal injury claims, employment issues, and defamation.
