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12 th Conference of Chief Justices of Asia and the Pacific

12 th Conference of Chief Justices of Asia and the Pacific. Overcoming Backlogs. Speech of the Honourable the Chief Justice of Singapore CJ Chan Sek Keong. Introduction – Then & Now. Magna Carta: “to no one will we refuse or delay justice” Then:.

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12 th Conference of Chief Justices of Asia and the Pacific

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  1. 12th Conference of Chief Justices of Asia and the Pacific Overcoming Backlogs Speech of the Honourable the Chief Justice of Singapore CJ Chan Sek Keong

  2. Introduction – Then & Now • Magna Carta: “to no one will we refuse or delay justice” • Then: • More than 2,000 cases set down for trial but trial dates only available 3 years or more later; • More than 10,000 inactive cases, some of them for over 10 years; • 44% of cases took between 5-10 years to dispose

  3. Introduction – Then & Now 1. Appointing more judges; • Backlogs tackled swiftly: 2. Changing rules of procedure; 3. Denying adjournments; 4. Giving hearing dates to moribund cases; 5. Expanding jurisdiction of subordinate courts.

  4. Introduction – Then & Now • Backlog of cases awaiting trial dates reduced from 2,059 in 1991 to 175 in 1993. • Results: • Appeals reduced from 275 (1991) to 71 (1993).

  5. Conceptualising “Backlogs” • Defining “backlog” and its link to socio-economic costs • “Justice delayed is justice denied” • When & how to know a backlog exists:Benchmarks & Performance indicators • “Justice is like a train that is nearly always late.”

  6. Facilitative Measures Diversionary Measures Overcoming Backlogs • Alternative Dispute Resolution Singapore Arbitration Centre & Singapore Mediation Centre • Pre-action protocolsfor NIMA and medical negligence cases • Diversionary Programmeto extra-judicial resources (e.g. Financial Industry Disputes Resolution Centre, in association with Monetary Authority of Singapore) • Debt Repayment Scheme under public consultation • Manpower(a) Judges; (b) Justices’ Law Clerks (JLCs) • Court Processes(a) AEICs; (b) Opening statements;(c) Appellate advocacy – submission of cases & skeletal arguments; (d) Selective docket system (High Court) & Specially Managed Civil List (Subordinate Courts);(e) Differentiated Case Management. • Technology(a) Electronic Filing System (EFS) & integrated Electronic Litigation System (iELS); (b) Digital Transcription System;(c) Automated Traffic Offence Management System (ATOMS).

  7. Facilitative Measures Dispositive Measures Diversionary Measures Monitoring & Control Overcoming Backlogs • Alternative Dispute Resolution Singapore Arbitration Centre & Singapore Mediation Centre • Pre-action protocolsfor NIMA and medical negligence cases • Diversionary Programmeto extra-judicial resources (e.g. Financial Industry Disputes Resolution Centre, in association with Monetary Authority of Singapore) • Debt Repayment Scheme under public consultation • Manpower(a) Judges; (b) Justices’ Law Clerks (JLCs) • Court Processes(a) AEICs; (b) Opening statements;(c) Appellate advocacy – submission of cases & skeletal arguments; (d) Selective docket system (High Court) & Specially Managed Civil List (Subordinate Courts);(e) Differentiated Case Management. • Technology(a) Electronic Filing System (EFS) & integrated Electronic Litigation System (iELS); (b) Digital Transcription System;(c) Automated Traffic Offence Management System (ATOMS). • Pre-trial Conferences • Peremptory Orders (“Unless orders”) • Trial date certainty & hearing fees • Costs orders • Regular statistical reports & Applications & Cases E-Management System (ACES) (alerts and almost-live statistics) • Auto-discontinuance • Auto-discontinuance • Peremptory Orders (“Unless orders”) • Night Courts • Mediation in the Courts (a) Primary Disputes Resolution Centre (PDRC) (b) Community Mediation Centre (CMC) (c) Family Relations Centre (FRC)

  8. Electronic Filing System (EFS)

  9. Electronic Filing System (EFS)

  10. Automated Traffic Offence Management System (ATOMS)Internet Interface

  11. Automated Traffic Offence Management System (ATOMS)Electronic Kiosks Interface

  12. Facilitative Measures Diversionary Measures Monitoring & Control Overcoming Backlogs • Alternative Dispute Resolution Singapore Arbitration Centre & Singapore Mediation Centre • Pre-action protocolsfor NIMA and medical negligence cases • Diversionary Programmeto extra-judicial resources (e.g. Financial Industry Disputes Resolution Centre, in association with Monetary Authority of Singapore) • Debt Repayment Scheme under public consultation • Manpower(a) Judges; (b) Justices’ Law Clerks (JLCs) • Court Processes(a) AEICs; (b) Opening statements;(c) Appellate advocacy – submission of cases & skeletal arguments; (d) Selective docket system (High Court) & Specially Managed Civil List (Subordinate Courts);(e) Differentiated Case Management. • Technology(a) Electronic Filing System (EFS) & integrated Electronic Litigation System (iELS); (b) Digital Transcription System;(c) Automated Traffic Offence Management System (ATOMS). • Pre-trial Conferences • Peremptory Orders (“Unless orders”) • Trial date certainty & hearing fees • Costs orders • Regular statistical reports & Applications & Cases E-Management System (ACES) (alerts and almost-live statistics) • Auto-discontinuance

  13. Applications & Cases E-Management System (ACES)Alerts Interface

  14. Applications & Cases E-Management System (ACES)Pre-Trial Conference Interface

  15. Facilitative Measures Dispositive Measures Diversionary Measures Monitoring & Control Overcoming Backlogs • Alternative Dispute Resolution Singapore Arbitration Centre & Singapore Mediation Centre • Pre-action protocolsfor NIMA and medical negligence cases • Diversionary Programmeto extra-judicial resources (e.g. Financial Industry Disputes Resolution Centre, in association with Monetary Authority of Singapore) • Debt Repayment Scheme under public consultation • Manpower(a) Judges; (b) Justices’ Law Clerks (JLCs) • Court Processes(a) AEICs; (b) Opening statements;(c) Appellate advocacy – submission of cases & skeletal arguments; (d) Selective docket system (High Court) & Specially Managed Civil List (Subordinate Courts);(e) Differentiated Case Management. • Technology(a) Electronic Filing System (EFS) & integrated Electronic Litigation System (iELS); (b) Digital Transcription System;(c) Automated Traffic Offence Management System (ATOMS). • Pre-trial Conferences • Peremptory Orders (“Unless orders”) • Trial date certainty & hearing fees • Costs orders • Regular statistical reports & Applications & Cases E-Management System (ACES) (alerts and almost-live statistics) • Auto-discontinuance • Auto-discontinuance • Peremptory Orders (“Unless orders”) • Night Courts • Mediation in the Courts (a) Primary Disputes Resolution Centre (PDRC) (b) Community Mediation Centre (CMC) (c) Family Relations Centre (FRC)

  16. Night Courts

  17. Mediation & The Courts

  18. Conclusion • George Santayana: “Those who speak most of progress measure it by quantity and not by quality.” • George Bernard Shaw: “Justice is justice though it’s always delayed and finally done by mistake.”

  19. Thank you

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