The basic method to enforce legal rights and to collect debts is to institute legal proceedings in court. The steps involve firstly filing a Writ of Summons with the court and serving it on the Defendant. The Writ has to set out the nature and basis of the Plaintiff’s claim.  

The Defendant must acknowledge receipt of the Writ and file his intention to defend with court within a time limit (14 days for personal service and 21 days in any other case). Failure to do so will entitle the Plaintiff to enter default judgment. A Defence (and Counterclaim, if any) will then have to be filed.  

If a Defence is filed, the Plaintiff may, if necessary, file a Reply (and Defence to Counterclaim, if necessary) to the Defence.  

At any stage of the litigation, there may be interlocutory applications. The most common types include Summary Judgment, Interim Injunction; Time Summons; Request for Further and Better Particulars of the Pleadings; Amendment of Pleadings; Adding or Deleting Parties and Striking out Pleadings etc.  

Within one month after all Pleadings are filed, the Plaintiff is required to take out a Summons for Directions, which set out further matters to be done before trial and an estimate of the length and mode of trial. This is then followed by the Discovery of documentary evidence, that is, both parties will have to disclose to the other all documents relevant to the case (even if some are unfavorable to the disclosing party). However, privileged documents like solicitor-client correspondence and without prejudice correspondence are not required to be disclosed. Each party has the right to inspect the original of the documents disclosed by the other party.  

After Discovery, the parties mutually exchange witness statements of facts and expert reports (if any). Facts not mentioned in the witness statements cannot be relied on at trial. The discovery process and exchanging of witness statements reflect the modern approach of “cards on the table” to litigation adopted by the courts and is meant to encourage settlement.  

After all interlocutory matters are completed, the case may be set down for trial on the “Running List” (the case will be heard as soon as a judge is available) or the “Fixture List” (the case will be heard on a fixed date). Only when certainty of date is of great importance will a case be set down on the Fixture List.  

During the trial, each side will present witnesses to give evidence on their behalf. The lawyers will examine and cross-examine the witnesses and then make submission on legal points. The judge will then decide where the merits lie and give judgment (immediate or reserved) accordingly.   The above can be a lengthy and costly process. It is rare for a case going through the whole process to end in a year’s time. However, not too many cases would go through the whole process. Very often, the parties would settle at some stage.