New Express Track scheme in the General Division of the High Court

The Express Track is a new consent-based scheme which applies to originating claim actions in the General Division of the High Court. It was designed to enhance access to justice by facilitating the speedy resolution of matters, and provide a bespoke, fast track solution for certain types of disputes.

The Express Track will be implemented on 1 July 2024, with the introduction of the new Order 46A of the Rules of Court 2021 (ROC).

Rationale

On 27 June 2024, the Supreme Court and Singapore Academy of Law held an engagement event with the Bar to launch the Express Track. The co-chairs of the Commercial Practice Panel of the Supreme Court, the Honourable Justice Kannan Ramesh and the Honourable Justice Philip Jeyaretnam, shared their insights on the rationale for the new scheme. The Court also discussed various operational aspects of the Express Track.

The scheme was designed to offer parties a way of resolving certain types of disputes, in a relatively quick and cost-effective manner. It was envisaged that suitable matters are those involving limited factual disputes and which may be resolved within 2 to 4 days of trial, involve a limited number of witnesses and are not dependent on extensive interlocutory applications. The Express Track is intended to apply to cases involving disputes of fact which are unsuitable for resolution by originating application or summary judgment.

The opt-in nature of the Express Track reflects the underlying philosophy that party choice is important.

Apart from addressing the importance of achieving quick outcomes, the scheme aims to provide litigants with more certainty as to timing.

Key features

a) Application

Where an action in the General Division is commenced by originating claim, the Court may, on a request made by all parties to the action by consent, no later than 2 months after the filing of the last pleading, place the action on the Express Track (Order 46A, rule 1(2)).

There is also provision for the removal of matters from the Express Track by the Court (Order 46A, rule 1(3)).

b) Document production

A pleading must be accompanied by a list and copies of all documents relied on by that party to prove any allegation contained in that pleading (Order 46A, rule 2(a)).

c) Affidavits of Evidence-in-Chief (AEICs)

AEICs are to be served before document production. Unless the Court otherwise orders, after pleadings have been filed and served, but before any exchange of documents, the Court must order every party to the action to file and serve the AEICs of that party's witnesses (Order 46A, rule 3(2)).

Unless the Court otherwise orders, the page limit for the AEIC of each witness is 30 pages (excluding exhibits) (Order 46A, rule 3(3)).

d) Interlocutory applications

The timelines have been shortened in relation to the single application pending trial. For instance, where a party notifies the Court at a case conference that the party wishes to make a single application pending trial mentioned in Order 9, rule 9(2) or an application mentioned in Order 9, rule 9(7)(a) to (o), a party is to file and serve its application and supporting affidavit within 14 days after the date of the case conference (Order 46A, rule 4(2)(a)).

Further, unless the Court otherwise orders, any interlocutory application brought in an action placed on the Express Track will be decided by the Court without hearing oral arguments (Order 46A, rule 4(3)).

e) Trial

The Court must give directions on the length of the trial of an action placed on the Express Track, which must not exceed 4 days (excluding any time spent on oral closing submissions) (Order 46A, rule 5(1)).

As far as possible, an action placed on the Express Track is to be fixed for trial within 9 months after the action is placed on the Express Track (Order 46A, rule 5(2)).

f) Closing submissions

If the Court orders the parties to submit written closing submissions, then, unless the Court otherwise orders: (a) there is to be only one round of written closing submissions; and (b) the written closing submissions are to be filed and exchanged within 3 weeks after the last day of the trial (Order 46A, rule 6).

g) Appeal

Decisions made by a Judge in an Express Track action are not appealable save for decisions which are in the nature of: (a) a judgment by the Judge given after the trial of the action; and, broadly speaking, (b) a judgment / order by the Judge that would bring the action to an end or which would prevent the action from proceeding further (Order 46A, rule 1(5)).

Apart from the new Order 46A of the ROC, there are related amendments to the Fourth Schedule of the Supreme Court Judicature Act 1969 (SCJA) and the Supreme Court Practice Directions 2021 (SCPD).

The restriction on parties' rights of appeal and the exceptions will be implemented via the introduction of a new paragraph 4 in the Fourth Schedule to the SCJA (Annex B).

The scheme will also be implemented via a new Part 24 of the SCPD (Annex C). This sets out requirements as to: the form for parties to request that an action be placed on the Express Track; the form of lists of documents; case management; and the undertaking as to the page limit of AEICs that is to be filed at the same time as the AEICs.

Conclusion

The Express Track looks to offer parties a speedier resolution and costs savings, as well as more certainty as to the timing of the litigation. The Court shared that whilst there is no provision as to when the Judge's decision will be given, parties can expect that this will be within a reasonable time after trial.

The Court also suggested that the operational implementation of the scheme would entail a collaborative process between parties and the Court. For instance, the Case Conference Assistant Registrar may suggest and discuss with counsel the suitability for matters to be placed on the Express Track.

Given that the Express Track offers a tailor-made solution for disputes involving limited factual disputes, parties engaged in such matters should give serious consideration to the scheme.

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