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Class Action Lawsuits, also referred to as a representative action, in Singapore are relatively uncommon because Singapore does not have specific Legislation that allows for class action in the same manner as in the United States. However, there are local statutes like the Companies Act and the Securities and Futures Act which provide certain provisions for similar legal recourses. Being a sophisticated Civil Law jurisdiction, Singapore's Courts also have inherent jurisdiction to allow for proceedings similar to class-action Lawsuits in appropriate circumstances.
Engaging with a lawyer is highly recommended when you are a part of a group affected by a similar issue and you need to bring a claim against a party or an entity. These situations can range from shareholders suing a company for misinformation, consumers seeking damages from a retailer for defective products, or employees pursuing a claim against an employer for illegal practices. A lawyer can provide necessary legal advice, prepare the necessary legal documents, and represent the group's interests in court.
There are certain aspects of Singapore's laws that are particularly relevant to Class action. Firstly, under Section 216 of the Companies Act, shareholders in a company may apply to the court for relief if the affairs of the company are being conducted in a manner oppressive to them. Secondly, under Section 234 of the Securities and Futures Act, a person suffering loss or damage due to a contravention of the Act may initiate a civil proceeding to recover the loss or damage. Lastly, under Order 15 Rule 12 of the Rules of Court, the court may allow one or more persons to represent others of the same interest in a proceeding.
Any person or group of persons who have suffered a common legal wrong can potentially commence a class-action lawsuit. The suit must represent members with a common interest in the proceedings.
The process typically involves filing a claim with the respective Court, proving that enough people have been affected by the same issue, seeking the Court's permission for the lawsuit to proceed as a class action, and negotiating or arguing the case in Court.
Class-action lawsuits can deal with a variety of issues, including product liability, corporate misconduct, employment disputes, securities and investments fraud, and more.
Most of the time, lawyers handling the class action will only be paid if the case is successful. This arrangement, known as a contingency fee, means that their fees will be a percentage of any settlement or Court award.
The duration of a class-action lawsuit can greatly vary, depending on the complexity of the case, the number of claimants, and the details of the claim itself. It can take anywhere from a few months to several years.
For those seeking further information on matters of class action, they can refer to the Singapore Academy of Law, the Singapore Law Watch, and the Ministry of Law websites, which all provide a plethora of legal resources on various subjects including class action.
If you believe you are part of a potential class action case, it is recommended to speak with a lawyer who specializes in class action matters. They can provide personalized advice regarding your individual circumstance, potential for recovery, and the steps you need to take to protect your rights.
