Publication Type

Journal Article

Publication Date

4-2004

Abstract

Conditional fee agreements are currently prohibited in Singapore. The Singapore courts still adhere to the public policy considerations expressed in the English common law which proscribe maintenance and champerty. However, the United Kingdom as well as Ontario (Canada) and Australia have recently ‘departed’ from the old system prohibiting conditional fee agreements. It is thus timely for Singapore to re-examine the public policy arguments against conditional fee agreements and inquire whether a conditional fee based system ought to be introduced. Apart from the above jurisdictions, lessons will also be drawn from the problems and issues faced by the US and the rest of Canada in the implementation of conditional fees.

Keywords

Public Policy, Singapore, conditional fees

Discipline

Asian Studies | Public Law and Legal Theory | Public Policy

Research Areas

Commercial Law

Publication

Common Law World Review

Volume

33

Issue

2

First Page

130

Last Page

159

ISSN

1473-7795

Identifier

10.1350/clwr.33.2.130.36494

Publisher

SAGE

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://dx.doi.org/10.1350/clwr.33.2.130.36494

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