Principles of Civil Procedure (softcover edition) (Print + Digital)

This book examines the rules of civil procedure and the ever-increasing case law in the context of carefully designed, underlying principles. This is a unique approach and its purpose is to inculcate a fuller and deeper understanding of procedure. Principles of Civil Procedure will enable the reader to gain a fundamental understanding of the elements of civil procedure in a very meaningful way at every level. It will assist lawyers in mastering difficult issues of procedure and present them with persuasive points which they can use in their arguments in almost every area. Civil procedure is not merely a body of rules. Rules are the mere facets of the subject. A true understanding of civil procedure comes only with an appreciation of the purposes of the rules and their link to the objectives of litigation.

Author(s): Jeffrey Pinsler SC

Year of Publication: 2012

Page Extent: 1,288 pages 

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Principles of Civil Procedure (softcover edition) (Print + Digital)
Principles of Civil Procedure (softcover edition) (Print + Digital)

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    This book is entitled “Principles of Civil Procedure” because of its focus on the building blocks of this subject. These principles have been formulated “top-down” through four interlinking levels. The overarching principle, which is the core principle for Part I, is also the source of the nine core principles of Parts II to X. All the core principles of Parts I to X flow into the chapter principles (within each of the ten parts) which in turn become the tributaries that are the subsidiary principles for each chapter. Apart from examining the principles and analysing the corresponding sources of law and the developing jurisprudence, the book aims to provide a clear account of civil practice in the courts. Lawyers will find this book extremely useful in preparing and presenting their cases in interlocutory proceedings and at trial and on appeal.


    Author's Profile 


    Jeffrey Pinsler is Professor of Law at the Faculty of Law, National University of Singapore. He specialises in civil justice, civil and criminal evidence, procedure and ethics. He is an advocate and solicitor, barrister-at-law, a Fellow of the Singapore Institute of Arbitrators, a Principal Mediator of the Singapore Mediation Centre, and also a member of various professional committees of legal and governmental institutions including the Singapore Academy of Law and the Supreme Court of Singapore. He has appeared as amicus curiae before the Court of Appeal and has spoken at, and contributed to, conferences and reform programmes in various countries. In 2004, he was conferred the degree of Doctor of Laws (LLD) for his contributions to learning. In 2008, he was appointed Senior Counsel. He is also Senior Professorial Fellow of the Singapore Institute of Legal Education.
    He is a leading author in the fields of evidence, civil procedure and ethics. He has produced 16 major works and multiple articles in his capacity as writer and/or general editor, many of which are considered essential references by practitioners and are regularly relied on by the courts.




    Part I   Introduction: Landscape and Priorities of Civil Justice
    Chapter 1     Introduction
    Chapter 2     Approaches and Options in Dispute Resolution
    Part II   Commencement of Proceedings, the Defendant's Response and Initial Considerations
    Chapter 3     Commencement of Proceedings
    Chapter 4     Service of Originating Process and Other Documents in Singapore
    Chapter 5     Service of Originating Processes and Documents Out of Singapore
    Chapter 6     Appearance
    Chapter 7     Parties in Litigation
    Part III   Early Termination by Assault and Default
    Chapter 8     Summary Judgment
    Chapter 9     Striking Out Proceedings
    Chapter 10    Setting Aside Judgments in Default of Appearance and Defence
    Chapter 11    Withdrawal and Discontinuance
    Part IV   Interlocutory Injunctions and Orders Affecting Property
    Chapter 12    Interim Injunctions and Payments
    Chapter 13    Protective Orders Securing Assets for Potential Judgment
    Chapter 14    Protective Orders Affecting Evidence and Property
    Part V   Pleadings
    Chapter 15    General Principles of Pleadings
    Chapter 16    Drafting Pleadings
    Part VI   Disclosure and Production of Evidence and Information
    Chapter 17    Disclosure and Production of Documents
    Chapter 18    Disclosure and Production of Other Information
    Part VII   Later Interlocutory Phases and Trial
    Chapter 19    Preparation for Trial
    Chapter 20    Proceedings at Trial
    Part VIII   Judgments, Orders and their Enforcement
    Chapter 21    Judgments and Orders
    Chapter 22    Enforcement of Judgments and Orders
    Chapter 23    Enforcement of Foreign Judgments and Singapore Judgments Abroad
    Part IX   Appeals, Judicial Review and Constitutional Issues
    Chapter 24    Appeals
    Chapter 25    Judicial Review and Constitutional Issues
    Part X   Costs
    Chapter 26    Costs
    Chapter 27    Security for Costs
    From the Foreword:
    “The present book … provides the immense benefits … to both students and practitioners alike. Indeed, it is of the very first rank in every possible way. It is not often that a masterpiece emerges from the realm of legal textbooks, simply because the very nature of a textbook itself militates against such an eventuality. This book, however, is a rare (I would go so far as to say extremely rare) exception … Having perused this book, I am truly impressed by how Professor Pinsler is able to distil – within the relevant Main Principle – the essence of the entire chapter itself in both its technical aspects and (more importantly) its underlying rationale as well. By doing so, he actually encourages the reader to read further, not least because he has demonstrated (in no uncertain terms) that there is a point (and, hence, mission) to that particular chapter and (collectively) to the entire enterprise of civil procedure itself. The otherwise confusing morass of technical rules and principles has been transformed into a coherent and compelling exposition in both part as well as whole. As a result, this book also becomes, in the process, greater than the sum of its parts and (dare it be said for a work on civil procedure) even a thing of beauty. Yet, each part is a veritable feast in itself – informative and skill-equipping in the most palatable as well as effective way possible. Put simply, this book is a masterly exposition which I would commend in the highest possible terms to both students and practitioners alike.”
                                — Andrew Phang Boon Leong
                                   Judge of Appeal, Supreme Court
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