Practice Direction · Current version
Appendices
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Appendices For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.
Appendix A1 Form 1 : List of Documents
Appendix A1 Form 2 : Request for CDR Case Conference/Court ADR
Appendix A1 Form 3 : Consent for the Application of Order 65 (Simplified Process) to Proceedings in the District Court
Appendix A1 Form 4 : Sample Letter of Offer
Appendix A1 Form 5 : Claimant’s/ Defendant’s List of Issues in Dispute and List Of Witnesses
Appendix A1 Form 6 : Court Alternative Dispute Resolution (Court ADR) Form
Appendix A1 Form 7 : Recording Settlement / Entering Judgment by Consent (NIMA/PI/PIMA)
Appendix A1 Form 8 : Opening Statement for Claimant/Defendant (Mediation/Conciliation)
Appendix A1 Form 9 : Opening Statement for Claimant/Defendant (Neutral Evaluation)
Appendix A1 Form 10 : Checklist for Assessment of Damages Court Dispute Resolution Case Conferences ("ADCDR CC")
Appendix A1 Form 11 : Quantum Neutral Evaluation Form
Appendix A1 Form 12 : Joint Opening Statement (For Personal Injury Claims)
Appendix A1 Form 13 : Joint Opening Statement (For Non-Injury Motor Accident Claims)
Appendix A1 Form 14 : Joint Opening Statement (For General Claims excluding Personal Injury and Non-Injury Motor Accident claims)
Appendix A1 Form 14A : Request for Permission to File Application
Appendix A1 Form 15 : Receiver’s Security by Undertaking
Appendix A1 Form 16 : Request Form for Civil Trial or Assessment of Damages to be Conducted on a Documents-Only Basis
Appendix A1 Form 17 : Request for Production of Document Filed in Court or Court’s Records
Appendix A1 Form 18 : Notice of Objections to Contents of Affidavits of Evidence-In-Chief
Appendix A1 Form 18A : Notice to Admit Documentary Hearsay Evidence
Appendix A1 Form 18B : Notice to Admit Non-Documentary Hearsay Evidence
Appendix A1 Form 19 : Note to Expert Witness
Appendix A1 Form 20 : Form of Table for the Last Pleading Under Order 9, Rule 25(10)(a) of the Rules of Court 2021
Appendix A1 Form 21 : Volume II – Index to Agreed Bundle of Documents
Appendix A1 Form 22 : Volume III – Index to Disputed Bundle of Documents
Appendix A1 Form 22A : Notice of Objection
Appendix A1 Form 22B : Notice of Dispute to Objection
Appendix A1 Form 22C : Consent to Release
Appendix A1 Form 22D : Summons for Order to Release Property / Debt
Appendix A1 Form 23 : Questionnaire for the Examination of Individual Enforcement Respondent
Appendix A1 Form 24 : Questionnaire for the Examination of Officer of Enforcement Respondent
Appendix A1 Form 25 : Bill of Costs for Contentious Business - Trials
Appendix A1 Form 26 : Bill of Costs for Contentious Business Other Than Trials
Appendix A1 Form 27 : Bill of Costs for Non-Contentious Business
Appendix A1 Form 28 : Notice Of Dispute
Appendix A1 Form 29 : Noting Of Appearance Of Advocates/Prosecutors / Mention Slip
Appendix A1 Form 29A : Judge Case Conference Checklist
Appendix A1 Form 29B : Sexual Offences Emplacement Checklist
Appendix A1 Form 29C : Sexual Offences Case Conference Checklist
Appendix A1 Form 30 : Application for Records of Criminal Proceedings
Appendix A1 Form 31 : Checklist For Referral Of Cases To Protection From Harassment Court
Appendix A1 Form 32 : Sample Letter Of Request For Medical Report And Medical Records
Appendix A1 Form 33 : Sample Consent Form Authorising Release Of Medical Report And Other Related Medical Records To Solicitors
Appendix A1 Form 34 : Pre-Action Letter Of Claim For Defamation Actions
Appendix A1 Form 35 : Sample Apology And Undertaking For Defamation Actions
Appendix A1 Form 36 : Response To Letter Of Claim For Defamation Actions
Appendix A1 Form 37 : Sample Acknowledgement Of Receipt For Defamation Actions
Appendix A1 Form 38 : Pre-Action Protocol Checklist To Be Filed With Statement Of Claim For Defamation Actions
Appendix A2 Form 1 : Summons
Appendix A2 Form 2 : Summons Without Notice
Appendix A2 Form 3 : Notice of Appointment / Change of Solicitor
Appendix A2 Form 4 : Notice of Intention of Party to Act in Person, in Place of Solicitor
Appendix A2 Form 5 : Notice of Ceasing to Act as Solicitor
Appendix A2 Form 6 : Summons for Withdrawal of Solicitor
Appendix A2 Form 7 : Order for Withdrawal of Solicitor
Appendix A2 Form 8 : Originating Claim
Appendix A2 Form 9 : Statement of Claim
Appendix A2 Form 10 : Notice of Intention to Contest or Not Contest
Appendix A2 Form 11 : Application for Judgment for Failing to File Notice of Intention to Contest or Not Contest / When Notice of Intention Not to Contest All or Some Claims is Filed
Appendix A2 Form 12 : Memorandum of Service
Appendix A2 Form 13 : Defence / Defence and Counterclaim / Defence to Counterclaim / Further Pleadings
Appendix A2 Form 14 : Application for Judgment in Default of Defence / Defence to Counterclaim
Appendix A2 Form 15 : Originating Application
Appendix A2 Form 16 : Originating Application (Without Notice)
Appendix A2 Form 17 : Letter of Request for Examination of Witness Out Of Jurisdiction / Permission for Evidence to be Given By Live Video Or Live Television Link By Witness Out Of Jurisdiction
Appendix A2 Form 18 : Undertaking as to Expenses
Appendix A2 Form 19 : Notice for Setting Down an Action for Trial
Appendix A2 Form 20 : Third Party Notice Claiming Contribution or Indemnity or Other Relief or Remedy
Appendix A2 Form 21 : Third Party Notice Where Question or Issue to be Determined
Appendix A2 Form 22 : Summons for Permission to Issue a Third Party Notice
Appendix A2 Form 23 : Summons for Third Party Directions
Appendix A2 Form 24 : Injunction Prohibiting Disposal of Assets in Singapore
Appendix A2 Form 25 : Injunction Prohibiting Disposal of Assets Worldwide
Appendix A2 Form 26 : Order to Allow Entry and Search of Premises
Appendix A2 Form 27 : Notice of Payment into Court
Appendix A2 Form 28 : Notice of Acceptance of Money Paid Into Court
Appendix A2 Form 29 : Order to Attend Court And / Or Produce Documents
Appendix A2 Form 30 : Order for Issue of Letter of Request to Relevant Authority Out of Jurisdiction
Appendix A2 Form 31 : Affidavit
Appendix A2 Form 32 : Notice of Discontinuance / Withdrawal
Appendix A2 Form 33 : Judgment / Order of Court
Appendix A2 Form 34 : Withdrawal of Appeal or Application
Appendix A2 Form 35 : Notice of Appeal under Order 18 / 19
Appendix A2 Form 36 : Certificate for Security for Costs
Appendix A2 Form 37 : Undertaking for Security for Costs
Appendix A2 Form 38 : Enforcement Order
Appendix A2 Form 39 : Consent to Entry of Satisfaction
Appendix A2 Form 40 : Notice of Seizure or Attachment
Appendix A2 Form 41 : Order for Examination of Enforcement Respondent
Appendix A2 Form 42 : Committal Order
Appendix A2 Form 43 : Order for Review of Detention
Appendix A2 Form 44 : Directions to Accountant-General
Appendix A2 Form 45 : Authority to Company to Register Transfer
Appendix A2 Form 46 : Statutory Declaration
Appendix A2 Form 47 : Reference Under Article 100 of the Constitution for Opinion on Constitutional Question
Appendix A2 Form 48 : Originating Claim in Action In Rem
Appendix A2 Form 49 : Notice of Intention to Contest or Not Contest an Originating Claim in Action In Rem
Appendix A2 Form 50 : Application for Judgment for Failing to File Notice of Intention to Contest or Not Contest / When Notice of Intention Not to Contest All or Some Claims is Filed
Appendix A2 Form 51 : Warrant of Arrest
Appendix A2 Form 52 : Caveat against Arrest
Appendix A2 Form 53 : Request for Service of Originating Claim In Rem by Sheriff
Appendix A2 Form 54 : Release
Appendix A2 Form 55 : Caveat against Release and Payment
Appendix A2 Form 56 : Withdrawal of Caveat
Appendix A2 Form 57 : Bail Bond
Appendix A2 Form 58 : Commission for Appraisement and Sale
Appendix A2 Form 59 : Order for Recognition of a Foreign Judgment / Recognition and Enforcement of a Foreign Judgment / Enforcement of a Judicial Settlement under the Choice of Court Agreements Act
Appendix A2 Form 60 : Order for Registration of Commitment / Competition Commission Direction / Competition Appeal Board Decision
Appendix A2 Form 61 : Search Warrant under Section 34 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
Appendix A2 Form 62 : Order to Arrest Judgment Debtor Likely to Leave Singapore
Appendix A2 Form 63 : Order to Arrest Non-Appearing Judgment Debtor
Appendix A2 Form 64 : Order of Arrest / Attachment of Property before Judgment
Appendix A2 Form 65 : Judgment Debtor Summons
Appendix A2 Form 66 : Notice of Application for Permission to Issue Judgment Debtor Summons
Appendix A2 Form 67 : Affidavit for Permission to Issue a Judgment Debtor Summons
Appendix A2 Form 68 : Judgment Notice
Appendix A2 Form 69 : Order of Commitment
Appendix A2 Form 70 : Certificate of Satisfaction
Appendix A2 Form 71 : Order of Discharge
Appendix A2 Form 72 : Order Suspending an Order of Commitment or for Discharge of Debtor
Appendix A2 Form 73 : Consent of Litigation Representative of Person Under Disability
Appendix A2 Form 74 : Certificate by Solicitor for Person Under Disability
Appendix A2 Form 75 : Affidavit in Support of Application for Distress
Appendix A2 Form 76 : Authority to Distrain
Appendix A2 Form 77 : Writ of Distress
Appendix A2 Form 78 : Authority to Follow Goods
Appendix A2 Form 79 : Search Warrant under Section 34 of the Mutual Assistance in Criminal Matters Act
Appendix A2 Form 80 : Certificate of Service of Foreign Process Under Section 38(3)(b)(i) of the Mutual Assistance in Criminal Matters Act
Appendix A2 Form 81 : Statement of Reason Preventing Service of Foreign Process Under Section 38(3)(b)(ii) of the Mutual Assistance in Criminal Matters Act
Appendix A2 Form 82 : Form of Oath
Appendix A2 Form 83 : Form of Affirmation
Appendix A2 Form 84 : Order for Particulars (Partnership)
Appendix A2 Form 85 : Notice of Service on Partner or Partner and Manager of Partnership
Appendix A2 Form 86 : Order for Registration of Personal Data Protection Commission Direction / Personal Data Protection Commission Notice / Data Protection Appeal Committee Decision
Appendix A2 Form 87 : Certificate of Order for Costs Against the Government
Appendix A2 Form 88 : Order for Registration of Foreign Judgment
Appendix A2 Form 89 : \[Deleted]
Appendix A2 Form 90 : Certificate under the Reciprocal Enforcement of Foreign Judgments Act
Appendix A2 Form 91 : Advertisement of Application
Appendix A2 Form 92 : Show Cause Notice for Order for Disgorgement Against Third Party
Appendix A2 Form 93 : Advertisement of Application for Directions on Claims for Compensation under Order for Disgorgement
Appendix A2 Form 94 : Certificate of Service of Foreign Process
Appendix A2 Form 95 : Order for Possession under Order 66
Appendix A2 Form 96 : Enforcement Order for Possession under Order 66
Appendix A2 Form 97 : Warrant for Search and Seizure under Section 11(1)(a) of the Terrorism (Suppression of Financing) Act
Appendix A2 Form 98 : Request for Hearing Dates / Further Hearing Dates
Appendix A2 Form 99 : Limited Civil Restraint Order
Appendix A2 Form 100 : Extended Civil Restraint Order
Appendix A2 Form 101 : General Civil Restraint Order
Appendix A2 Form 102 : Order under Section 74(1) of Supreme Court of Judicature Act
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 1. Application
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 1.1 The object of this protocol is to streamline the management of personal injury claims and non-injury motor accident claims (“PI/NIMA claims”) and promote early settlement of such claims. It prescribes a framework for negotiation and exchange of information before commencing proceedings.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 1.2 This protocol applies to actions arising out of:
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims all personal injury claims including —
claims arising out of motor accidents and industrial accidents; (ii) personal injury claims (arising out of claims in negligence); and (iii) claims arising from fatal accidents, where it is contemplated that action will be commenced on or after 1 April 2022 in the Magistrates’ Courts or the District Courts, as the case may be, but does not apply to medical negligence claims; and (b) all personal injury claims arising out of motor accidents (whether or not involving any claim for property damage arising out of the same accident) and industrial accidents where it is contemplated that action will be commenced on or after 1 April 2022 in the General Division of the High Court (and subsequently transferred to the District Courts). (c) non-injury motor accidents where it is contemplated that action will be commenced on or after: (i) 1 April 2022 with the Financial Industry Disputes Resolution Centre Ltd (“FIDReC”) or in the Magistrates’ Courts or the District Courts, as the case may be; and (ii) 1 April 2022 in the General Division of the High Court (and subsequently transferred to the District Courts).
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 1.3 Any reference to “the potential defendant” in this protocol refers to the potential defendant if he is not claiming under his insurance policy, or to his insurer if he is claiming under his policy.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 1.4 Any reference to an “insurer” in this protocol refers to an insurer that is known or could be reasonably known to the claimant or his solicitors.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 1.5 This protocol does not affect any privilege that may apply to any communication between the parties that is undertaken in compliance with it.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 1.6 This protocol encourages the parties to jointly select medical experts before commencing proceedings.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2. Notice of Accident and Pre-Repair Survey (applicable only to NIMA claims)
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.1 Time is of the essence in the joint selection of a motor surveyor and the conduct of a pre-repair survey of the claimant’s vehicle.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.2 Within 3 working days of the date of the accident, the claimant must send a notice of accident to the potential defendant and his insurer (or where there is a multi-party collision, to each of the potential defendants and his insurer). This is to facilitate a joint survey of the damage to the claimant’s vehicle prior to the commencement of repairs (“pre-repair survey”). The pre-repair survey will include a survey of the vehicle when its damaged parts are being dismantled prior to the commencement of repairs.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.3 Within 2 working days of receipt of the notice of accident, the insurer must reply to the claimant and if he intends to conduct a pre-repair survey of the claimant’s damaged vehicle, he must include in his reply a list of at least three motor surveyors.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.4 Within 2 working days of receipt of the insurer’s reply, the claimant must reply to the insurer stating whether he agrees or has any objections to the appointment of any of the motor surveyors proposed by the insurer. The claimant may specifically select one or more of the proposed motor surveyors. If the claimant fails to reply or fails in his reply to object to any of the motor surveyors listed by the insurer within the time stipulated by this paragraph, the claimant is deemed to have agreed to the appointment of any of the motor surveyors listed by the insurer.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.5 If the claimant objects to all the motor surveyors proposed by the insurer, he must include in his reply a list of at least three motor surveyors whom he considers as suitable to appoint.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.6 Within 2 working days of receipt of the claimant’s list of proposed motor surveyors, the insurer must state whether he agrees or has any objections to any of the motor surveyors proposed by the claimant. The insurer may specifically select one or more of the proposed motor surveyors. If the insurer fails to reply or fails in his reply to object to any of the motor surveyors listed by the claimant within the time stipulated by this paragraph, the insurer is deemed to have agreed to the appointment of any of the motor surveyors listed by the claimant.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.7 The motor surveyor mutually agreed upon by both parties or presumed to be agreed by the claimant or the insurer (as the case may be) shall be referred to as the “ single joint expert”. Upon reaching such agreement, the insurer must immediately instruct the single joint expert to conduct the pre-repair survey. Alternatively, upon the expiry of the time stipulated for the claimant/insurer to object to the motor surveyors proposed by the other party and he fails to do so, the insurer/claimant must immediately instruct the single joint expert to conduct the pre-repair survey. The single joint expert instructed by the insurer or the claimant (as the case may be) must complete the pre-repair survey within 2 working days of his appointment.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.8 If the insurer objects to all the motor surveyors proposed by the claimant, both parties are not precluded from instructing a motor surveyor of their own choice to conduct the pre-repair survey. In such event, the motor surveyor appointed by the insurer must complete the pre-repair survey for the insurer within 2 working days from the date of the insurer’s reply objecting to all the motor surveyors proposed by the claimant. If the quantum of the potential claim is likely to be within the Magistrate’s Court limit, parties are to be aware of Order 12, Rule 3(5) of the Rules of Court 2021 on the appointment of a single joint expert should the matter be unresolved subsequently and proceed for a simplified trial. Both parties shall in any event not unreasonably withhold consent to the appointment of a single joint expert as far as possible.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.9 Once the pre-repair survey has been conducted, the claimant and the insurer shall negotiate and, as far as possible, come to an agreement on the cost of repairing the claimant’s vehicle.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 2.10 If parties are unable to come to an agreement on the cost of repairing the vehicle after negotiations, the claimant may proceed to repair his vehicle. The insurer may wish to request for an opportunity to conduct a post repair inspection once the vehicle has been repaired. The request should be made as soon as possible and before the repaired vehicle is returned to the claimant.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3. Letter of Claim
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.1 The claimant must send a letter of claim to every potential defendant and his insurer.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.2 The letter of claim must set out the full particulars of his claim, including the following information:
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims a brief statement of all the relevant and available facts on which the claim is based; (b) a brief description of the nature of the property damage and/or injuries suffered; (c) an estimate of general and special damages with a breakdown of the heads of claim; (d) the names of all witnesses (where possible to disclose); (e) the case reference numbers, identity and contact particulars of the officer having charge of any investigations (e.g., the police officer or the relevant officer from the Ministry of Manpower); and (f) the results of any prosecution or Court proceedings arising from the accident and where the claimant has passed away, the State Coroner’s verdict, where available.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.3 In respect of claims where —
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims the estimated quantum falls within the jurisdiction of a Magistrate’s Court before any apportionment of liability (but excluding interest); and (b) the claimant intends to appoint one or more experts for the purpose of the proceedings, the claimant shall include his proposed list of expert(s) in each relevant specialty in his letter of claim. Where medical experts are involved, the claimant should preferably include the doctors who provided him treatment and/or review of his medical condition in his proposed list.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.4 In respect of claims where the estimated quantum exceeds the jurisdiction of a Magistrate’s Court, the claimant and the potential defendant and/or their respective insurers are encouraged, to follow the procedure set out in paragraph 4.5 of this protocol for the appointment of a mutually agreed expert.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.5 If the claimant in a personal injury claim is non-resident in Singapore, the letter of claim must further state the date the claimant is required to depart from Singapore once the relevant permits expire or are cancelled and, where available, the date of his intended departure from Singapore. This is to afford the potential defendant or his insurer an opportunity to arrange for a medical examination of the claimant by a medical expert mutually agreed by both parties in each relevant specialty, or where there is no agreement, a medical re-examination of the claimant by a medical expert appointed by the potential defendant or his insurer prior to the claimant’s departure from Singapore.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.6 The claimant must enclose with his letter of claim a list of all the documents he intends to rely upon or which are known to be adverse relating to both liability and quantum.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.7 The claimant must enclose with his letter of claim a copy each of all supporting documents he intends to rely upon or which are known to be adverse, where available, such as the following:
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims For all PI claims: (a) full and complete Singapore Accident Statements and police reports together with type-written transcripts of all persons involved in the accident; (b) police sketch plan or, if that is unavailable, the claimant’s sketch of the accident; (c) results of police investigations or outcome of prosecution for any traffic offence(s) arising from the accident; (d) police vehicle damage reports; (e) original, coloured copies or scanned photographs of damage to all vehicles; (f) original, coloured copies or scanned photographs of the accident scene; (g) video recording of the accident (if any); (h) accident reconstruction report (if any); (i) Ministry of Manpower’s investigation reports (if any); (j) Notice of Assessment from the Occupational Safety and Health Division, Ministry of Manpower (if any); (k) medical reports from the treating doctor, reviewing doctor and medical specialist; (l) certificates for hospitalisation and medical leave; (m) bills for medical treatment and evidence of payment; (n) income tax notices of assessment and/or other evidence of income and loss thereof; (o) supporting documents for all other expenses claimed (if any); and
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims any other supporting documents.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims For NIMA claims: The claimant must enclose with his letter of claim a copy each of the documents he intends to rely upon supporting the claim for property damage, such as the following: (a) repairer’s bill and evidence of payment; (b) motor surveyor’s report; (c) excess bill or receipt; (d) vehicle registration card; (e) COE/PARF certificates; (f) rental agreement, invoice and receipt for rental of replacement vehicle (if any); (g) correspondences with the insurer relating to pre-repair survey and/or post repair inspection of the claimant’s vehicle; (h) supporting documents for all other expenses claimed (if any); (i) the claimant must also state in his letter of claim whether he had notified the insurer of the accident by sending the notice of accident. If a pre-repair survey was conducted and the claim for cost of repairs is made pursuant to the amount negotiated and agreed upon by the parties, this should be stated in the letter of claim; and (j) if, to the claimant’s knowledge, the insurer had waived the requirement for pre-repair survey and/or post-repair inspection of the vehicle, he should state so accordingly in the letter of claim.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.8 Where the claim is for both personal injury and property damage arising out of a motor accident (a “ mixed claim”), the claimant is to enclose all the documents set out in paragraph 3.7.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.9 The letter of claim must also instruct the potential defendant to immediately pass the letter and the documents to his insurer if he wishes to claim under his insurance policy. If the potential defendant’s insurer is known to the claimant, a copy of the letter of claim must be sent directly to the insurer. The letters to any other potential defendants must be copied to the rest of the parties. The letter(s) to the potential defendant(s) must be sent by way of e-mail, fax or certificate of posting. The letters to insurers must be sent by way of e-mail, fax, AR Registered mail or by hand (in which case an acknowledgement of receipt should be obtained).
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 3.10 Where it is not possible to comply with any of the above requirements in notifying the relevant persons or providing documents, the claimant must provide his explanation in the letter of claim.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 4. Potential Defendant’s response
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims Post-repair inspection of vehicle (applicable only to NIMA and mixed claims)
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 4.1 If the insurer wishes to conduct a post-repair inspection of the claimant’s vehicle not conducted previously, he must make the request to the claimant within 7 days of receipt of the letter of claim. The insurer must state in the letter of request why a post-repair inspection is now sought, especially if the opportunity for pre-repair survey and/or post-repair inspection had earlier been waived.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 4.2 The claimant must reply within 7 days of receipt of the letter of request. Where valid reasons are given by the insurer, the parties shall as far as possible, agree on the arrangements for the post-repair inspection so as to facilitate an amicable resolution of the claim as soon as possible.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims Acknowledgment letter
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 4.3 The potential defendant must send an acknowledgement letter to the claimant within 14 days from the date of receipt of the letter of claim. If he is ready to take a position on the claim, he must state his position. If not, he must first send an acknowledgement.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 4.4 If the claimant does not receive an acknowledgement letter from the potential defendant within the requisite 14 days , he may commence proceedings without any sanction by the Court.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims Joint selection of medical experts (applicable only to PI claims)
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 4.5 In respect of claims where the estimated quantum falls within the jurisdiction of a Magistrate’s Court, within 14 days of sending the acknowledgment letter to the claimant, the potential defendant shall send a letter to the claimant stating whether he agrees or has any objections to the appointment of any of the medical experts proposed by the claimant for the relevant specialty.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims If the potential defendant agrees to any of the proposed medical experts, the claimant shall send the medical expert in each of the relevant specialty a letter of appointment within 14 days. The medical expert mutually agreed upon by both parties shall be referred to as the “single joint expert”. (b) The letter of appointment must be copied to the potential defendant. (c) If the potential defendant objects to all the proposed medical experts for any relevant specialty, the potential defendant must state the reasons for his objections and provide the name(s) of one or more medical experts in each relevant specialty whom he considers as suitable to appoint. The claimant shall within 14 days from the date of receipt of the letter from the potential defendant state if he has any objections to the appointment of any of the medical experts proposed by the potential defendant for the relevant specialty. (d) If the claimant agrees to any of the proposed medical experts, the claimant shall send the medical expert in each of the relevant specialty a letter of appointment within 14 days. The medical expert mutually agreed upon by both parties shall be referred to as the “single joint expert”. (e) The letter of appointment must be copied to the potential defendant. (f) If the potential defendant or claimant fails to reply or fails in his reply to object to any of the medical experts listed in the other party’s letter within the timeline stipulated by this protocol, the party who fails to reply or to object is deemed to have agreed to the appointment of any of the medical experts proposed by the other party as a single joint expert. (g) The costs of the medical examination of the claimant and medical report to be provided by the single joint expert shall be paid first by the claimant who may seek to recover the cost as part of his claim for reasonable disbursements. (h) Either party may send the single joint expert written questions relevant to the issues or matters on which the medical report is sought. The questions must be copied to the other party. (i) If the claimant objects to the medical experts proposed by the potential defendant for any relevant specialty, both parties are not precluded from instructing medical experts of their own choice for each relevant specialty that the parties are unable to agree upon. Should the potential defendant wish to arrange for the claimant to undergo a medical examination by his own medical expert, the potential defendant shall within 14 days from the date of receipt of the claimant’s letter of reply, propose a date and time on which the claimant is to undergo the medical examination. The address at which the claimant must present himself for the medical examination must also be provided. However, if the estimated quantum falls within the jurisdiction of a Magistrate’s Court, parties are to be aware of Order 12, Rule 3(5) of the Rules of Court 2021 on the appointment of a single joint expert should the matter be unresolved subsequently and proceed for a simplified trial. Both parties shall in any event not unreasonably withhold consent to the appointment of a single joint expert as far as possible.
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims Substantive reply to claimant
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims 4.6 If the potential defendant replies to the claimant with only an acknowledgement of receipt, within 8 weeks from the date of receipt of the letter of claim or within 14 days after inspecting the vehicle, whichever is later, the potential defendant must reply to the claimant substantively. For this purpose, the following provisions will apply:
APPENDIX B: Pre-Action Protocol for Personal Injury Claims and Non-Injury Motor Accident Claims The reply shall indicate whether the insurer is defending the claim or whether the defendant is defending the claim personally. Reasons for the insurer’s decision not to act must be provided. (b)Subject to sub-paragraph (d) below, the reply must state the potential defendant’s position on the claim on both liability and quantum (eg, whether the claim is admitted or denied) or make an offer of settlement. If the claim is not admitted in full, the potential defendant must give reasons and provide a list of documents together with copies of all relevant supporting documents. The potential defendant is to confirm/state the identity of the person driving his vehicle at the time of the accident and provide the driver’s identification number and address if this is not already stated in the Singapore Accident Statement. (c) Copies of the Singapore Accident Statements and police reports must be provided by the potential defendant and they must be full and complete and must reflect the names, identification numbers and addresses of all persons involved in the accident together with type-written transcripts of their factual accounts of the accident. (d) The potential defendant is to enclose any pre-repair and/or post-repair survey/inspection report(s). (e) The potential defendant is to specify the particular scenario in the Motor Accident Claims Online, Motor Accident Guide and/or other similar guide that is applicable to his account of the accident, enclose with his reply a copy of the relevant page of the scenario and, except where the claim is denied, make an offer on liability. (f) If the insurer is the party replying to the claimant, the reply must also state the name(s), telephone number(s) and fax number(s) of the insurance officer(s) handling the matter and the insurer’s file reference number(s), to facilitate correspondence. (g) Pending the receipt of the medical report or other medical expert appointed under paragraph 4.5 (as the case may be), the reply must state the potential defendant’s position on liability and his preliminary position on quantum or, if he is unable to do so, reserve his position on quantum. Within 14 days of receipt of the medical report from the medical expert and/or the vehicle inspection report, the potential defendant must state his position on quantum (eg, whether the quantum claimed is admitted or denied) or make an offer of settlement.
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