DKB v DKC [2024] SGHC(I) 31 (25 October 2024)

DKB v DKC [2024] SGHC(I) 31 (25 October 2024)

Having granted leave for expert evidence on English law, it would be inappropriate and contrary to the SICC Rules to also allow oral submissions by foreign counsel on the same issues; parties must elect either submissions or proof, not both.

Citation
[2024] SGHC(I) 31
Parties
Claimant: DKB; Defendant: DKC
Jurisdiction
Singapore
Judgment Date
25 October 2024
Procedural Posture
Originating Application / Interlocutory Application (summons) for Leave to Allow Foreign Counsel to Make Submissions on English Law
Outcome
Application dismissed with costs
Legal Topics
Foreign Law Determination, Stay of Proceedings, Enforcement of Arbitral Awards, Expert Evidence, Submissions Vs Proof of Foreign Law

Case Brief

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Parties

DKB

Claimant

DKC

Defendant

Procedural Posture

Originating Application / Interlocutory Application (summons) for Leave to Allow Foreign Counsel to Make Submissions on English Law

  1. 1 Whether the court should allow foreign counsel to make oral submissions on English law after expert reports have been filed
  2. 2 Whether foreign law should be determined by submissions or proof (expert evidence) under SICC Rules

Ratio Decidendi

Having granted leave for expert evidence on English law, it would be inappropriate and contrary to the SICC Rules to also allow oral submissions by foreign counsel on the same issues; parties must elect either submissions or proof, not both.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to allow foreign counsel to make submissions on English law is dismissed
  • Costs awarded against the applicant