What does Fund mean? In legal practice, a fund is a defined pool of money or other property that is held or set aside for a particular purpose or for specified beneficiaries. It may comprise an estate or any property held for the benefit of a person or class, and includes any fund to which a trustee or personal representative (executor/administrator) is entitled in that fiduciary capacity. The term is generally descriptive and context-dependent; where used in instruments (trust deeds, wills, court orders) or in specific regimes (for example pensions or investment schemes), its scope is determined by that document or by...
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This PrACTice Note centres on the statutory scheme governing third-party funding in Singapore arbitration, together with guidance derived from case law and relevant soft law instruments. For an overview of third-party funding in International arbitration generally, see Practice Note: Third-party funding and arbitration.
Since its legalisation in 2017, the use of third-party funding has grown across Singapore litigation and arbitration. Although not novel to international arbitration, leading arbitral hubs—including London, Paris and Geneva—have long allowed such funding.
Singapore’s statutory framework was introduced in 2017 and, under section 5B of the Civil Law Act, applied to specified dispute resolution proceedings. At the outset, this captured international arbitration and court or mediation proceedings associated with that arbitration.
In 2021, the Civil Law (Third-Party Funding) (Amendment) Regulations 2021 broadened the regime to domestic arbitration proceedings, certain proceedings before the Singapore International Commercial Court (SICC), and related mediation proceedings. Funding is also permitted under specific circumstances in insolvency proceedings, as set out in case law and the Insolvency, Restructuring and Dissolution Act...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...