1 Legal framework
1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?
Singapore has inherited the English common law tradition. The doctrine of judicial precedent, vertical stare decisis in Singapore, requires that judges apply the ratio decidendi (the operative reasons) of the decisions of higher courts. Singapore courts have developed a strong body of local jurisprudence, particularly in areas covered by statutory law (eg, company law, criminal law). However, the courts still refer to case law from England.
The state care bound by the decisions of the Court of Appeal and of the High Court. Neither the Court of Appeal nor the High Court is bound by its own decisions, as the doctrine of horizontal stare decisis does not apply in Singapore. Nevertheless, the courts have shown some reluctance in overturning cases before them in the same courts, unless exceptional circumstances occur, such as a policy change.
