Supreme Court Practice Directions 2021
  • Supreme Court Practice Directions 2021
  • Part 1: Introduction
  • Part 2: Registry, Administration and Finance
  • Part 3: Electronic Filing and Service
  • Part 4: Electronic Filing and Service for Criminal Proceedings
  • Part 5: Civil Proceedings that Do Not Use the Electronic Filing Service
  • Part 6: Amicable Resolution of Disputes for Civil Cases
  • Part 7: Case Conferences
  • Part 8: Originating Processes, Documents, and Service In or Out of Singapore
  • Part 9: Interlocutory Applications
  • Part 10: Evidence – Witnesses, Affidavits and Exhibits
  • Part 11: Conduct of Court Proceedings
  • Part 12: Judgments and Orders
  • Part 13: Civil Appeals before the General Division
  • Part 14: Proceedings before the Appellate Division, the Court of Appeal, the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997
  • Part 15: Assessment of Costs Matters and Costs
  • Part 16: Enforcement of Judgments and Orders
  • Part 17: Admiralty Matters
  • Part 18: Matters Under The Legal Profession Act 1966
  • Part 19: Bankruptcy and Winding Up Matters
  • Part 20: Medical Negligence Claims
  • Part 21: Reference to Actuarial Tables in Personal Injury and Death Claims
  • Part 22: Other Matters Specific to Criminal Proceedings
  • Part 23: Simplified Process for certain Intellectual Property Claims
  • Part 24: Express Track for Actions in the General Division
  • Appendices
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Part 20: Medical Negligence Claims

163. Compliance with protocol

163. Compliance with protocol

(1) Parties in medical negligence claims are to comply with the Protocol for Medical Negligence Cases in the General Division of the High Court (“protocol”) at Appendix H of these Practice Directions. A breach by one party will not exempt the other parties in the claim from following the protocol insofar as they are able to do so.

(2) In exercising its discretion as to costs, the Court will consider compliance with the protocol. If non-compliance with the protocol has led to unnecessary costs, the Court may make the following orders:

(a) an order disallowing a defaulting party his or her costs, or some part of his or her costs, even if he or she succeeds;

(b) an order that the defaulting party pay the other party or parties their costs of the proceedings, or part of those costs; and

(c) an order that the defaulting party pay those costs on an indemnity basis.

(3) The Court will consider compliance with the protocol in exercising its discretion when deciding the amount of interest payable and may make the following orders:

(a) an order awarding a successful party who has complied with the protocol interest from a date earlier than the date from which he or she would otherwise have been entitled to obtain interest; and

(b) an order depriving a successful party who has not complied with the protocol of interest in respect of such period as may be specified.

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