Amendments clarifying that egregious abuse of court process amounts to contempt of court in force

26 February 2025

The Administration of Justice (Protection) Act 2016 has been amended, effective 28 January 2025, to make clear to the public and potential court users that egregious cases of abuse of process will amount to contempt of court. These include the following:

  • Conducting or commencing a court proceeding which the person knows or ought to have known:
    • involves a deception on the court, or is fictitious, or constitutes a mere sham; or
    • is manifestly groundless or without foundation and involves the process of the court being employed for some ulterior or improper purpose.
  • Conducting or commencing multiple or successive court proceedings, which the person knows or ought to have known are manifestly groundless or without foundation.

Persons who cause or abet such conduct will also be liable for contempt of court.

The impact of egregious abuse of the court system is serious as individuals are forced to bear the financial and psychological burden of undergoing court proceedings for matters that should not be going to court. Further, limited public and court resources are diverted away from other deserving, meritorious cases, and the court system is strained and weakened as a result. Over time, the trust in Singapore’s justice system will be eroded.

The amendments have been carefully crafted to balance between two key priorities: the need to protect the right of litigants to air genuine disputes and the public interest in preventing the egregious misuse of the court’s processes.

The amendments are clarificatory and do not lower the existing threshold for contempt of court. The approach taken ensures that the amendments will not cover the typical case of a civil matter that is struck out for the sole reason that it has no merit. Such cases can continue to be adequately dealt with by striking out and costs orders.

Reference materials

The following materials are available on Singapore Statutes Online sso.agc.gov.sg and the Ministry of Law website www.mlaw.gov.sg: