Reiterating the importance for trials to be seen as fair by all litigants in an action, the General Division of the Singapore High Court (“High Court”) has issued guidance to witnesses overseas who cite the COVID-19 pandemic as the reason for not giving evidence in person at trial, and who instead seek to testify via video link. The High Court emphasised the need for a holistic assessment of all the circumstances of the case and, in particular, the precise grounds advanced in support of any claim that the witness is unable, as opposed to unwilling, to travel to Singapore to give evidence: Wang Xiaopu v Koh Mui Lee and others [2022] SGHC 54.
This update examines the High Court’s decision.
If you would like information or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:
KOH Swee Yen, Senior Counsel
Partner – Commercial & Corporate Disputes
d +65 6416 6876
e sweeyen.koh@wongpartnership.com
Click here to view Swee Yen's CV.
Suegene ANG
Partner – Commercial & Corporate Disputes
d +65 6416 6862
e suegene.ang@wongpartnership.com
Click here to view Suegene's CV.