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Explainer: Why Singapore could soon get a new appeals court

SINGAPORE — A new appeals court is to be set up as part of a proposed restructuring of the Supreme Court, to ease pressure on the current Court of Appeal, whose caseload shot up 56 per cent from 2013 to 2018.

The High Court has found Workers’ Party Members of Parliament Pritam Singh, Sylvia Lim and Low Thia Khiang liable for damages suffered by the Aljunied-Hougang Town Council and the Pasir Ris-Punggol Town Council.

The High Court has found Workers’ Party Members of Parliament Pritam Singh, Sylvia Lim and Low Thia Khiang liable for damages suffered by the Aljunied-Hougang Town Council and the Pasir Ris-Punggol Town Council.

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SINGAPORE — A new appeals court is to be set up as part of a proposed restructuring of the Supreme Court, to ease pressure on the current Court of Appeal, whose caseload shot up 56 per cent from 2013 to 2018.

Setting up this new Appellate Division of the High Court involves changes to three laws, which were tabled in Parliament on Monday (Oct 7). They are: The Constitution of the Republic of Singapore, the Supreme Court of Judicature Act, and the Judges’ Remuneration Act.

Under the changes, the Court of Appeal will remain the apex court, and will hear all criminal appeals and prescribed categories of civil appeals such as those relating to the new fake news law, the Protection from Online Falsehoods and Manipulation Act (Pofma).

The new Appellate Division — composed of a new class of judges known as Appellate Division Judges — will hear all the other civil appeals not prescribed to go to the Court of Appeal. An appeal against a decision of this new Appellate Division will be possible only if leave to do so is granted by the Court of Appeal.

Aside from the new Appellate Division of the High Court, the other functions of the High Court — such as the Singapore International Commercial Court (SICC) and the Family Division of the High Court, will now be known as the “general division” of the High Court.

With the changes, Court of Appeal judges will be referred to as ‘Justices of the Court of Appeal’ instead of ‘Judges of Appeal’.

Establishing the Appellate Division of the High Court. Graphic: Ministry of Law

WHY DOES SINGAPORE NEED ANOTHER APPEALS COURT?

The Ministry of Law (MinLaw) said the reforms are being introduced as there has been a rise in the number of appeals — from 314 in 2013 to 490 in 2018 — and an increase in the complexity of the matters that have come before the Court of Appeal in recent years.

Senior Minister of State for Law and Health Edwin Tong had noted at a Law Society conference in April that the increased caseload is a result of the evolution of the court system over the years to adapt to societal needs, such as the formation of the Family Justice Courts in 2014 and Community Justice and Tribunals Division in 2015. 

There is also the positioning of Singapore’s justice system as an international hub for dispute resolution services, with the formation of the Singapore International Arbitration Centre, the Singapore International Mediation Centre and the SICC.

Inevitably, appeals or ancillary proceedings from these courts or institutions may end up before the Court of Appeal. Therefore, a “more permanent solution” is needed on top of the implementation of interim measures, which included having more High Court judges sit on the Court of Appeal and increasing the Court of Appeal’s sitting days, Mr Tong said then.

The proposed new division is the MinLaw’s solution that will enable the Supreme Court to better deploy limited judicial resources and manage the appeals caseload, which will be allocated between the existing Court of Appeal and the new appellate division.

WHAT’S THE SCOPE OF THE APPELLATE DIVISION?

The appellate division will not hear any criminal appeals. It will hear all civil appeals that are not allocated to the Court of Appeal. 

Civil appeals that will still be heard at the Court of Appeal include cases relating to:

  • Constitutional or administrative law

  • Contempt of court

  • Parliamentary Elections Act

  • Presidential Elections Act

  • Protection from Online Falsehoods and Manipulation Act

  • Competition Act

  • Maintenance of Parents Act

  • Personal Data Protection Act

  • The law of arbitration 

  • The law of patents

  • Decisions of the SICC

  • Insolvency, restructuring or dissolution of a corporation, limited liability partnership, or sub-fund of a variable capital company

MIGHT THERE BE EXCEPTIONS?

Yes. The Court of Appeal will have the power to transfer civil appeals between the two courts dealing with appeals, notwithstanding the default allocation. A party may also apply to transfer an appeal to the Court of Appeal.

This mechanism allows the Court of Appeal to decide on questions of law of public importance as they arise.

WHAT’S SPECIAL ABOUT THE PROPOSED APPELLATE DIVISION?

Greater flexibility. A wider range of appeals than those at the Court of Appeal can be decided upon with a “paper hearing”, without the need to hear oral arguments. And instead of three judges, two judges may decide on appellate division cases.

These options — subject to the court’s approval and the agreement of all parties in the appeal — may allow parties to resolve their matters more expediently and at a lower cost. 

CAN DECISIONS OF THE APPELLATE DIVISION BE APPEALED AGAINST?

Maybe. Further appeals against a decision of the Appellate Division may be brought with the permission of the Court of Appeal, but permission may only be granted if the appeal raises a point of law of public importance.

Related topics

high court Ministry of Law court of appeal Appellate Division Pofma

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