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6.2
The present position
Four modes of commencing proceedings are presently recognized under the Rules of
the High Court, Cap 4 ("RHC"), namely, by issuing a writ, an originating summons,
an originating motion or a petition.
However, O 1 r 2(2) excludes from the ambit of the RHC generally, certain types of
proceedings which have their own procedural rules. Bankruptcy, company winding-
up, non-contentious probate, Prize Court, matrimonial, adoption and domestic
violence proceedings are all excluded. Commencement of proceedings in such cases
is governed by the rules peculiarly applicable to them, eg, rules requiring the
presentation of petitions in bankruptcy, company winding-up and matrimonial
proceedings.
Leaving aside the excluded proceedings, the approach of the RHC is first to provide
that in certain cases, writs must be used as the means of commencement. These
include claims in tort (other than for trespass to land), those based on fraud, claims for
damages for breach of duty resulting in death or personal injury or damage to
property, claims for patent infringement, Admiralty actions in rem
and probate
actions.
Notes
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