Ensuring Fair Outcomes for Individuals Facing Corporate Claims at Small Claims Tribunal
Ministry of LawSpeakers
Summary
This question concerns ensuring fair outcomes for individuals facing corporate claims at the Small Claims Tribunal (SCT). Dr Tan Wu Meng inquired about studies on respondents' literacy and measures to ensure equity against corporate entities with greater resources. Minister for Law K Shanmugam stated that no such studies exist, but SCT proceedings are Judge-led and prohibit legal representation to ensure fairness. He noted that the SCT permits assistance for the elderly or illiterate and allows family or pro bono support for filing documents. Furthermore, individuals can access resources through the Community Justice Centre, legal clinics, the Judiciary website, and the State Courts' registry.
Transcript
27 Dr Tan Wu Meng asked the Minister for Law (a) whether there have been studies conducted on the education background and English literacy levels of Small Claims Tribunal (SCT) respondents who are individual natural persons; and (b) what measures exist to ensure fair and equitable outcomes when an individual respondent is subject to a SCT claim from a corporate entity whose representatives have access to legal advice and administrative resources prior to the SCT proceedings.
Mr K Shanmugam: We are not aware of any studies on the educational background and English literacy levels of respondents in Small Claims Tribunal (SCT) cases, who are individual natural persons.
The SCT processes are designed to achieve a fair and just outcome for all parties, regardless of whether they have access to legal advice and resources outside of the proceedings.
First, legal representation is not allowed, and SCT proceedings are Judge-led. The Judge will guide the parties to issues or evidence that are relevant to the claim, even if these have not been raised by either party.
Second, in limited cases, SCT may allow a person to represent an individual party who is unable to present his or her own case, because the party is of old age, illiterate or has an infirmity of mind or body. SCT may also allow a party who is presenting his own case to seek assistance from a family member, friend or probono agency to assist in the preparation and filing of documents relevant to the proceedings, provide emotional and moral support during the proceedings, or take notes of the proceedings and directions given by SCT.
Third, individual claimants or respondents who require legal assistance may approach the State Courts’ Community Justice Centre for free on-site legal advice, or seek assistance from other legal clinics, such as those organised by the Law Society Pro Bono Services, or community centres. Individuals may also visit the Judiciary website which contains a page with comprehensive information on SCT. For those with specific queries on SCT’s processes, they can call the State Courts’ general hotline number or visit the SCT Registry located at the State Courts where there are officers and student representatives on hand to render assistance.