Lawyers' 'errant conduct' disadvantaged taxi driver's efforts to seek justice for 2008 accident: Court

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SINGAPORE — A taxi driver involved in a 2008 traffic accident with a lorry tried to sue the lorry driver for severe injuries suffered, but failed because his lawyer did not meet a deadline.

He then hired another law firm to sue the first lawyer for negligence, but the new lawyers either failed to show up for multiple pre-trial conferences or showed up without a valid practising certificate.The cabby appealed to the High Court to have the striking out reversed, and Justice Tan Siong Thye allowed the appeal, in a judgment released on Monday .

He alleged that Mr Latimer had acted negligently in handling his case, resulting in his claim being struck off. The assistant registrar adjourned the case and directed the law firm to explain its absence, saying that he may consider striking out Mr Cheng's claim if there was further non-attendance. On Jun 14, 2022, Yeo appeared in a pre-trial conference on Mr Cheng's behalf. He had a valid practising cert this time, and Mr Cheng was ordered to pay costs of S$3,000 to the defendant because of the wasted costs arising from the four adjournments.

The law firm filed a summons on Mr Cheng's behalf in October 2022 asking for the striking out order to be set aside and for Mr Cheng's statement of claim to be reinstated. He said there was no suggestion that the conduct of the lawyers was instigated by Mr Cheng or attributable to him. He added that the defendant had not suffered any"irremediable prejudice" due to the delay arising from the lawyers' absences.

 

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Lawyers' 'errant conduct' disadvantaged taxi driver's efforts to seek justice for 2008 accident: CourtThe taxi driver has been trying to seek damages for his serious injuries after an accident in 2008.
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