For most laymen, the main area for suing the Singapore government is for negligence or carelessness. For example, if the stairwell from the carpark of a government building was not properly lighted and you fell, then you might claim that the government was negligent and therefore liable for your injuries.
However, there is also another area which is fast developing - the area of administrative law. Where the government has made administrative decisions concerning matters such as revoking your public entertainment license or has not allowed your ship to be based in the Singapore port areas, then you might be able to challenge that decision. A recent administrative law (but overlapping with constitutional law) was a challenge to the government's acquisition of a temple near a proposed MRT station.
We will explore more of this area in later posts.
Saturday, January 31, 2009
Wednesday, January 28, 2009
Suing the Singapore government - important statute
Anyone considering suing the Singapore government should read carefully the Government Proceedings Act.
This Act states clearly the areas in which the government has immunity. In other areas, the government is liable for negligence just like any other party would be.
If you sue the government where it has immunity, your lawsuit is certain to be dismissed. The end result is that you will have to pay legal costs of the government. Legal costs due to any winning party is assessed by the court based on factors like the amount of work done (such as conversations with clients, research, perusing documents, attending court, etc), the complexity of the matter and whether work was done on an urgent basis. As a previous case involving a schoolboy injured in school who lost his lawsuit against the school shows, the Attorney-General's Chambers is not in any way reluctant to claim legal costs when they win.
A later post will examine the areas of immunity for the Singapore government.
This Act states clearly the areas in which the government has immunity. In other areas, the government is liable for negligence just like any other party would be.
If you sue the government where it has immunity, your lawsuit is certain to be dismissed. The end result is that you will have to pay legal costs of the government. Legal costs due to any winning party is assessed by the court based on factors like the amount of work done (such as conversations with clients, research, perusing documents, attending court, etc), the complexity of the matter and whether work was done on an urgent basis. As a previous case involving a schoolboy injured in school who lost his lawsuit against the school shows, the Attorney-General's Chambers is not in any way reluctant to claim legal costs when they win.
A later post will examine the areas of immunity for the Singapore government.
Monday, January 19, 2009
Serious injury to schoolboy
In May 2008, there was a newspaper story about a mother who sued a government school in relation to serious injuries suffered by her son when he fell in school. Medical expenses were more than $10,000 but the school's insurance policy only covered $1,000 of expenses.
After a court hearing, the court ruled that the school was not to blame. As regards legal fees, in Singapore, the usual rule is that the loser pays the winner's legal fees. The judge assessed the legal fees due to the government as over $8,000. The government's lawyer, the Attorney-General's Chambers, stated that it expected the mother to pay in full although they were willing to waive any interest and to allow instalment payments.
Moral of the story - sue only if you can prove that the government department was careless in some way. No private or government school no matter how good can guarantee that your child will never be injured - or maybe it can - if it attached 10 bodyguards to your kid at any one time.
After a court hearing, the court ruled that the school was not to blame. As regards legal fees, in Singapore, the usual rule is that the loser pays the winner's legal fees. The judge assessed the legal fees due to the government as over $8,000. The government's lawyer, the Attorney-General's Chambers, stated that it expected the mother to pay in full although they were willing to waive any interest and to allow instalment payments.
Moral of the story - sue only if you can prove that the government department was careless in some way. No private or government school no matter how good can guarantee that your child will never be injured - or maybe it can - if it attached 10 bodyguards to your kid at any one time.
Lawsuits against Singapore government over past 3 years
The newspapers reported that in the past 3 years there were 241 public liabilty lawsuits against Singapore government departments that were handled by the Attorney-General's chambers.
The Attorney-General's Chambers headed by Prof Walter Woon, is the government's lawyer. They will only handle claims of more than $750. Claims below this amount are handled by the department itself.
"Public liability lawsuits" probably refers to cases where there was alleged negligence by the relevant department, for example, if due to poor maintenance of the government building, someone who entered it was injured.
In Parliament, it was disclosed that of the 241 lawsuits mentioned over, 206 were settled out of court. Of the remainder, 35 went to court, out of which, there was payment in 28 cases. The report did not state how much was paid in total to claimants. We await the official parliamentary reports to show if this was discussed in parliament.
The Attorney-General's Chambers headed by Prof Walter Woon, is the government's lawyer. They will only handle claims of more than $750. Claims below this amount are handled by the department itself.
"Public liability lawsuits" probably refers to cases where there was alleged negligence by the relevant department, for example, if due to poor maintenance of the government building, someone who entered it was injured.
In Parliament, it was disclosed that of the 241 lawsuits mentioned over, 206 were settled out of court. Of the remainder, 35 went to court, out of which, there was payment in 28 cases. The report did not state how much was paid in total to claimants. We await the official parliamentary reports to show if this was discussed in parliament.
Aim and introduction
Can the Singapore government be sued, and for what?
Some people had the idea that the government was immune from legal proceedings but recent events like the publicity over the Dickson Tan case have now shown otherwise.
This blog will examine this issue and report on events relating to lawsuits against the Singapore government.
DISCLAIMER - This blog is not intended to offer legal advice. Readers are advised to consult their lawyers where necessary.
Some people had the idea that the government was immune from legal proceedings but recent events like the publicity over the Dickson Tan case have now shown otherwise.
This blog will examine this issue and report on events relating to lawsuits against the Singapore government.
DISCLAIMER - This blog is not intended to offer legal advice. Readers are advised to consult their lawyers where necessary.
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