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.
Public Policy, Singapore, conditional fees
Asian Studies | Public Law and Legal Theory | Public Policy
Common Law World Review
Re-Examining Public Policy: A Case for Conditional Fees in Singapore?. (2004). Common Law World Review. 33, (2), 130-159. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/724