New Express Track scheme for actions in General Division of High Court introduced

30 July 2024

On 1 July 2024, the Rules of Court 2021 (“ROC 2021”) were amended to implement the Express Track scheme for actions in the General Division of the High Court. The Express Track, implemented through the introduction of a new Order 46A of the ROC 2021, is a new opt-in scheme that is designed to fill the gap for matters that have disputes of fact making them unsuitable for disposal by way of originating applications or summary judgments, but which can be resolved within up to four days of trial.

The Express Track is applicable to actions in the General Division commenced by originating claim where all parties to the action consent for the action to be placed on the Express Track. In an announcement published on 27 June 2024, the Singapore courts highlighted various features of the Express Track which seek to ensure that as far as possible, the trial will take place within nine months after the action is placed on the Express Track, including:

  • Mandatory production of documents relied on by parties to prove any allegation(s) contained in his or her pleadings and mandatory exchange of affidavits of evidence-in-chief (“AEICs”) before production of documents;
  • Body of AEICs (excluding exhibits) limited to 30 pages, with a view towards limiting the duration of cross-examination at trial;
  • Interlocutory applications to be made by way of a single application pending trial under Order 9, Rule 9 of the ROC 2021, and will be decided by the court without hearing oral arguments;
  • Unless the court directs otherwise, closing submissions to be made orally at the end of trial; and
  • Trial not to exceed four days (excluding time spent on oral closing submissions).

To ensure that as far as possible, an action placed on the Express Track can progress to trial expeditiously and within nine months from placement on the Express Track, all decisions made by a judge in an action placed on the Express Track are non-appealable, except for decisions which are in the nature of (i) a judgment by the judge given after the trial of the action, and, broadly speaking, (ii) a judgment or order by the judge that would bring the action to an end or which would prevent the action from proceeding further (“Exceptions”).

The restriction on parties’ rights of appeal and the Exceptions are implemented through the introduction of a new paragraph 4 in the Fourth Schedule to the Supreme Court of Judicature Act 1969 (“SCJA”). To avoid doubt, the Exceptions do not introduce a standalone right of appeal or derogate from existing requirements for permission to appeal (where applicable); where the Fifth Schedule to the SCJA applies, permission to appeal is to be obtained in accordance with section 29A of the SCJA.

Reference materials

The following materials are available on the Singapore Courts website www.judiciary.gov.sg: