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Justice See Kee Oon: Effective Appellate Advocacy
Law Society of Singapore’s Civil Appellate Advocacy Course 2026
Keynote Address
“Effective Appellate Advocacy”
Friday, 8 May 2026
The Honourable Justice See Kee Oon1
Introduction
1. Appellate advocacy represents the pinnacle of a litigator’s practice. The art of appellate advocacy differs fundamentally from trial advocacy. Whilst trial lawyers must master the examination of witnesses, the presentation of evidence, and the management of procedural complexities, appellate advocates operate in a rather more rarefied atmosphere where legal principles, statutory interpretation, and policy considerations often take centre stage. The quality of appellate advocacy can determine not only the outcome of individual cases but also help shape the development of jurisprudence in our legal landscape for years to come.
2. Our appellate litigation landscape has undergone profound change over the decades. The challenges and demands placed on our appellate courts were already considerable in the early 1990s when I first joined the then-Subordinate Courts. Yet they seem almost modest in comparison to the volume and complexity of matters that now come fairly routinely before our appellate courts today. This transformation reflects not merely the passage of time, but the dynamic evolution of Singapore's legal system in tandem with changing needs and circumstances.
Part I: Understanding the Appellate Landscape
3. I begin with a quick tour of recent history. To understand where we stand today, it is useful to appreciate the forces that necessitated change in our appellate system. Beginning from around 2013, the Court of Appeal began to experience a significant surge in its overall caseload — from 314 civil and criminal matters filed in 2013, to 490 in 2018. This meant a 56% increase in just five years.2 Cases reaching our apex court were also becoming increasingly complex. The Court of Appeal's resources were clearly being stretched, and targeted responses were necessary to ease this strain.
4. This resulted in structural changes to the Supreme Court — specifically, the establishment of the Appellate Division of the High Court in 2021. The Appellate Division was conceived to hear most civil appeals arising from a decision of the General Division of the High Court, save for certain matters which fall within prescribed categories of civil appeals under the Supreme Court of Judicature Act 1969 ("SCJA"), which must be heard by the Court of Appeal. The Court of Appeal remains Singapore's highest court, serving as the final arbiter of disputes. These targeted reforms have allowed both appellate courts to focus their resources and discharge their adjudicatory function more effectively.
5. The Court of Appeal exercises discretionary jurisdiction over appeals from both the General Division and the Appellate Division in specified circumstances. The Court of Appeal's willingness to grant permission to appeal often depends on whether the case raises questions of general principle, involves significant commercial or public interest, or addresses apparent conflicts in judicial authority between different divisions of the Supreme Court.
6. The structural reforms were complemented by equally significant changes in civil procedure. On 1 April 2022, the Rules of Court 2021 (“Rules of Court”) came into operation, ushering in a new procedural framework for civil appeals in the Supreme Court. The Rules of Court were underpinned by a few key ideals: fair access to justice, expeditious proceedings, and an efficient use of court resources.3
7. A particularly noteworthy feature of this new framework is the introduction of a two-track regime for appeals, which calibrates procedural requirements to the nature and complexity of each appeal. Order 18 governs the first track, including appeals from applications in actions and from the Registrar's decisions. Order 19 deals with matters such as judgments and orders made after trial. Here, the procedural framework is more robust, including the need to submit a record of appeal, a detailed written Case, and a core bundle of documents for each party.4 This differentiated regime ensures that appeals involving more straightforward matters are resolved swiftly and cost-effectively, while more complex appeals continue to be subject to a more robust and comprehensive standard.
8. Both the Appellate Division and the Court of Appeal have developed a distinctive judicial philosophy that emphasises principled decision-making, commercial certainty, and pragmatic solutions to legal problems. Advocates must understand and work within this framework, crafting and presenting arguments that resonate with judicial priorities and commercial realities whilst advancing their clients' interests.
9. Having given a broad sketch of the appellate landscape, I proceed to share some thoughts in the next 40 minutes or so on the essential elements of effective appellate advocacy in civil proceedings. This demands a judicious blend of analytical rigour, persuasive writing, and compelling oral presentation. I will address 3 key areas: pre-appeal preparation and strategic planning, written advocacy, and oral advocacy. My hope is that these observations will help in some way to sharpen your effectiveness as appellate advocates and, in turn, achieve better outcomes for your clients and enhance the administration of justice.
Part II: Pre-Appeal Preparation and Strategic Planning
The Decision to Appeal
10. First, I address pre-appeal preparation and strategic planning. One of the most critical preliminary decisions that every advocate must make is to decide whether an appeal should be brought at all. The decision to appeal should never be reflexive or emotional. It should always be strategic and grounded in careful legal analysis of the decision below.
11. The starting point is, of course, to identify any error(s) in the judgment or grounds of decision. But this alone is insufficient. The advocate must proceed to assess the consequences of that error. Would the error entitle your client to have the lower court's decision set aside or warrant a different order being made? This analysis demands that the advocate make a clear distinction between errors that are material to the outcome, and those that, however regrettable, are ultimately inconsequential.
12. Equally important is to consider whether the error affects the whole judgment or only part of it. Where the error pertains to only part of the decision, the appeal should be directed solely at that affected part. Adopting a targeted approach is more cost-effective and time-efficient for all parties involved, and it also demonstrates to the court that the advocate is reasonable and has exercised careful professional judgment in the matter.
13. Strategic evaluation must also consider the precedential implications of potential appellate outcomes, recognising that unsuccessful appeals may result in adverse authority that affects not only the immediate client but also future cases involving similar issues. This broader perspective is essential in commercial litigation where legal principles may have industry-wide implications, and where decisions of both the Appellate Division and the Court of Appeal carry significant precedential weight.
Procedural Missteps
14. Having made the decision to appeal, the next challenge is to get the procedure right and commence the appeal correctly. This is where even seasoned advocates or large law firms sometimes stumble. Far from being mere technicalities, such procedural errors may prove fatal. I aim to draw your attention to some of the common procedural errors, in the hope that such mistakes are avoided as far as possible, or alternatively, ironed out as soon as practicable.
15. A recurrent error I have observed is a failure to identify the correct track under the Rules of Court. As I alluded to earlier, Orders 18 and 19 create two distinct pathways with different timelines and procedural requirements. Filing an appeal under the wrong track may be accompanied by unintended consequences, including mistaken assumptions about timelines and crucial filing requirements. Such mistakes may result in the need to file an application for an extension of time, resulting in wasted time and additional costs, and it would be presumptuous to think that the court will lean towards allowing the extension sought. In a worst-case scenario, such mistakes may even lead to the intended appeal being dismissed on procedural grounds.5
16. Equally critical — and potentially fatal when overlooked — is the question of whether permission to appeal is required under the Fifth Schedule of the SCJA. Where permission is required but not obtained, the court simply has no jurisdiction to hear the matter. As the Appellate Division emphasised in PT OKI Pulp & Paper Mills v Sunrise Industries (India) Ltd [2023] SGHC(A) 38, where an applicant is required to obtain permission to appeal but fails to do so, the appellate court will simply not be seised with jurisdiction to hear the appeal.6
17. The SCJA is a natural starting point, but it is not exhaustive on the situations that require permission to appeal. Section 29A(1)(a) of the SCJA provides that permission to appeal is needed in cases where it is expressly provided by any written law that an appeal may only be brought with permission, or that no appeal may be brought except with permission. I have come across appeals which are stalled because counsel assumed permission was unnecessary when it was in fact required. Conversely, I have also encountered unnecessary applications for permission to appeal where none was in fact needed. Both errors generate avoidable delay and expense. Ultimately, the advocate must be familiar with the relevant statutory provisions, and be responsible for accurately advising their clients on whether permission to appeal is in fact required. Where there is genuine uncertainty, the proper approach is to seek a declaration from the court that permission to appeal is not required.7
18. Finally, a respondent to an appeal should also carefully consider whether to file a cross-appeal. This is a strategic decision that is often overlooked, sometimes with dire consequences. The general principle is that a failure to file a cross-appeal would generally preclude the court from intervening in, and the parties from challenging, the decision of the lower court.
19. Two cases illustrate this issue. In Alvin Nicholas Nathan v Raffles Assets (Singapore) Pte Ltd [2016] 2 SLR 1056, the Court of Appeal concluded that the appellant had received more damages than he should have as a result of the lower court's error. However, the Court of Appeal declined to intervene in the lower court's award of damages because no cross-appeal was brought by the respondent. The respondent in Noor Azlin bte Abdul Rahman v Changi General Hospital Pte Ltd [2022] 1 SLR 689 faced a similar predicament. The respondent did not file a cross-appeal against the decision of the lower court, but nevertheless argued that the lower court had been overly generous in the award of damages and costs. The Court of Appeal observed that the respondent's failure to file a cross-appeal precluded them from seeking a reduction of the lower court's award.8
20. These examples of potential pitfalls arise not from any inherent legal complexity, but from failing to be properly apprised of the procedural framework. They are readily avoidable with due diligence. Avoiding such missteps will help to ensure that all stakeholders, including the court, can focus on the real issues in the appeal rather than on procedural defects.
Developing a Clear Case Theory
21. Once the procedural aspects of the appeal are settled, the focus turns to what I consider to be a fundamental and foundational aspect of effective appellate advocacy: developing a clear and compelling case theory. The importance of this cannot be overstated. Just as a well-conceived case theory serves as a compass guiding the advocate through the complexities of trial, so too does it provide essential direction in the appellate context. A cogent case theory not only shapes your appeal strategy and submissions, it also assists the court to clearly grasp why the decision below was wrong and why the justice of the case warrants a different outcome.9
22. How then does one construct an effective case theory? This process involves four main steps. First, flesh out the material facts and legal principles that underpinned the decision under appeal.10 This ensures that you understand the factual and legal foundation which the court below relied on. Second, distil the main legal issues and identify your strongest points, which will typically correspond to the weakest links in the decision below.11 This entails strategic discipline: focus on the material errors and avoid adopting a "kitchen-sink" approach, which is unhelpful and often detracts from the persuasiveness of your case.22 Third, marshal the key relevant documents and sieve out the strongest evidence that may help to support your case theory — this process will also prove helpful when you prepare your submissions thereafter. Finally, distil everything into a coherent case theory that will guide the rest of your preparation for the appeal.
23. A rigorous, disciplined and clear case theory is imperative. Avoid putting forward a case on appeal that runs contrary to the case below, or mounting new arguments based on issues that were not pleaded. The very exercise of attempting to articulate your position on appeal concisely and persuasively will often reveal whether your arguments can truly bear scrutiny. If a case theory remains unpersuasive or unclear even after careful consideration, this may well be the clearest indication that the intended appeal lacks merit and should not be pursued in the first place.13
Assembling the Appellate Team
24. Successful appellate advocacy often requires different skills and perspectives than trial advocacy, creating opportunities for specialisation and collaboration within legal teams. In assembling an appropriate appellate team, consider not only legal expertise but also writing skills, oral advocacy abilities, and familiarity with the procedures and judicial attitudes or preferences of the appellate court.
25. Collaboration with trial counsel and other specialists can enhance appellate advocacy by ensuring a comprehensive understanding of the factual background and procedural history, whilst bringing fresh perspectives to legal analysis. At the same time, collaborative efforts must be carefully managed to ensure consistency and avoid conflicting strategic approaches, particularly where appeals may proceed through multiple levels of the appellate hierarchy.
Part III: Written Advocacy
26. Having established a cogent case theory, the next consideration pertains to the cornerstone of a compelling appeal: effective written advocacy. It is not heresy in my view to suggest that this is even more critical than oral advocacy. In today’s appellate litigation context, written submissions are filed and read by the appellate court ahead of the actual hearing and the court would already be able to form its provisional view beforehand based on the written submissions. Put bluntly, no amount of sophistry in oral arguments can save a written submission that is fundamentally weak.
27. The appellant's and respondent's Cases serve multiple crucial functions in appellate advocacy. They are the primary medium through which the parties distil what their appeal is truly about, and they also help to inform the court of the merits of each party's case.14 A well-crafted Case will also assist the court in identifying the main legal or factual issues that may require clarification during the oral hearing that follows.
28. I suggest five key areas that an advocate can focus on when drafting written submissions in the lead-up to the oral hearing: structure, content, authority selection, addressing counterarguments and weaknesses, as well as the core bundle.
Structure and Clarity
29. A hallmark of effective written advocacy is clarity, which begins with good structure and organisation of the written work. Where appropriate, frame your written submissions with a concise executive summary at the outset, and with an equally cogent conclusion at the end. These will serve as helpful roadmaps, enabling the court to grasp your key arguments without having to delve into the minutiae of each issue.15
30. This clarity of structure must also extend to how you frame the issues in your appeal. Focus on the specific aspects of the lower court's decision that you contend are erroneous. Resist the temptation to fragment the main issues into excessive sub-issues, which may obscure the central disputes and dilute the force of your case.16 The structure and organisation of appellate briefs significantly impact their persuasive effect. This requires advocates to present complex legal arguments in a logical and accessible manner that guides readers through the analysis whilst maintaining their attention and interest.
31. After establishing the main issues, present them strategically. Before addressing each issue, present the relevant facts pertaining to that issue. Providing the relevant factual background can more powerfully illustrate the point being argued — the facts should tell a story that supports your arguments and provides essential context for the court's consideration.17 Additionally, use appropriate headings to guide the reader through your arguments. Well-crafted and properly situated headings serve as signposts that help the court navigate through complex issues and assist the judges to understand the basis of your case better.
Content and Persuasion
32. The content and order of your submissions are equally, if not more, crucial. Focus on and lead with your main arguments. Resist the temptation to delve into peripheral or inconsequential matters, which may only serve to dilute the force of your strongest submissions.18 The rationale of this approach is straightforward: judges read voluminous materials on a daily basis. Conveying your written submissions effectively therefore requires securing the court's attention early, and articulating your main points with clarity and succinctness.
33. Additionally, effective appellate writing requires the employment of active voice, concrete examples, and precise language to convey complex legal concepts in an accessible manner. The avoidance of unnecessary jargon and the careful explanation of technical terms demonstrate respect for readers whilst ensuring that arguments are understood and appreciated. The tone and style of appellate briefs should reflect the institutional culture and expectations of the court whilst maintaining professional credibility and persuasive impact.
34. I would also emphasise that more is not necessarily better in preparing written submissions. Often, parties submit written Cases that reach or exceed the prescribed page limits, even though their arguments could have been presented far more effectively with greater economy. This reflects a fundamental misunderstanding. The prescribed page limits are upper limits rather than targets to be reached. An effective written Case need extend only to as many pages as are necessary to convey points clearly and persuasively. Verbiage and repetition can detract from, rather than enhance, the force of one's argument.
Authority Selection and Citation
35. The selection and presentation of legal authority in appellate briefs requires careful consideration. Advocates should choose relevant persuasive authorities that demonstrably support their arguments. This selection process must balance the need for thorough coverage against the risk of overwhelming readers with excessive citation. This is the TLDR or TMI problem. It can be counterproductive, leading to loss of focus and distraction both on the part of the court and counsel. Once again, more is not necessarily better; less may be more.
36. In citing case authorities, advocates must understand and explain their relevance to the specific issues in dispute. This requires a considered analytical approach. Readers must understand why particular authorities should be followed or distinguished, or even overruled, with careful attention to the precedential relationship between decisions of different courts within Singapore's appellate hierarchy. Thorough legal research forms the bedrock of appellate success.
Addressing Counterarguments and Weaknesses
37. A properly-crafted appellate brief will anticipate and address potential counterarguments and even concede case weaknesses, demonstrating comprehensive understanding of the legal issues whilst maintaining credibility through candid acknowledgment of challenges. This proactive approach often strengthens rather than weakens the advocate's position by showing confidence in the overall thrust of the argument. The treatment of adverse authority requires particular skill, as advocates must acknowledge unfavourable precedent whilst explaining why it should not dictate the outcome of the current case. This process of distinguishing adverse authority often provides opportunities to refine and strengthen the primary arguments.
The Core Bundle
38. Written advocacy encompasses more than just one's written submissions — it also requires the preparation of a cogent and strategic core bundle of documents. Unfortunately, the importance of carefully assembling a core bundle is sometimes overlooked. The main challenge lies in striking an optimal balance: while you should resist including every conceivable document in the core bundle, you should equally avoid adopting a myopic approach where only materials with immediate and obvious relevance to your case are included.19
39. A well-curated core bundle requires you to think strategically and plan several steps ahead. It calls for the inclusion of not only documents that support your arguments, but also materials that anticipate and rebut opposing contentions. The advocate should also anticipate the court's likely concerns and ensure that materials necessary to address those concerns are ready and accessible.20 This approach equips you with the necessary documentary foundation to respond effectively to whatever direction the oral hearing may eventually take.
Part IV: Oral Advocacy
40. Well-crafted written submissions, alongside a well-curated core bundle, lay the groundwork for confidently putting forth arguments before the appellate court. Of course, in appropriate cases, the appellate court may decide a matter without hearing oral arguments.
41. In an era where written submissions are expected to be comprehensive and cogent, one might ask whether oral advocacy still serves a meaningful function. My answer is a resounding yes. The value of an appeal hearing lies in how it gives the advocate the opportunity to engage the court and address any questions that the court is concerned with. It is also an opportunity to provide clarifications or correct misimpressions that the court may have about the case.21 I will now touch on three key areas that an advocate can focus on honing to reap the most value from an appeal hearing: the structure of oral arguments, the presentation of oral submissions, and the art of reading the court.
Structure of Oral Arguments
42. Given the time constraints of civil appellate hearings, the importance of a direct and well-organised oral argument cannot be overstated. This means both selecting the arguments that one wishes to canvass during the hearing well, and structuring the selected arguments well.
43. Selecting the arguments that lie at the heart of one's position is crucial. Advocates do not have the luxury of exhaustively canvassing every argument in one's written Case. Instead, advocates should limit the points raised to the precise issues that the appellate judges must decide and one's strongest reasons for a favourable ruling.22 Strategic thinking in appellate oral advocacy involves careful consideration of which arguments to advance and which to abandon, recognising that the appellate court is more likely to be persuaded by focused submissions that address the most significant issues rather than sweeping attacks, no matter how forcefully delivered, on every aspect of the decision below.
44. After having identified the central arguments that are truly decisive, the advocate then turns to ensuring that these arguments are well-structured. This may involve consistent and deliberate use of organisational signposts to help the court follow the argument, particularly at the outset of oral submissions and as the argument progresses. Advocates should also simplify the internal logic of each argument to make it easier for the court to follow. This may involve the use of one-step logic where relevant, in which the distance between a general point and any supporting ground is a single logical step.23
Presentation of the Appeal
45. The second area of focus lies in the presentation of one's oral submissions. At the appellate stage, the advocate has only his or her command of the record and the legal authorities to rely on in addressing the court's concerns whilst advancing one's position.24
46. The preparation process should include careful analysis of the judicial panel and, where appropriate, their known interests and approaches to legal issues. This may assist advocates to tailor their presentations to resonate with particular judicial perspectives whilst maintaining the integrity of their legal arguments. Mock oral arguments and practice sessions provide essential opportunities for advocates to refine their presentations and anticipate potential judicial questions and concerns.
47. An advocate with mastery over the facts and the law in a case would have little need to read at length from the written submissions.25 Doing so would add little value to the oral hearing, since the court can be expected to have already read the written submissions and reviewed the record prior to the hearing. Advocates should instead use the oral hearing to emphasise pivotal points and clarify their written arguments, all while paying close attention to the questions posed by the court.
48. When quoting extracts from the notes of evidence or decided cases, advocates must never quote them out of context.26 Appellate judges can easily examine such extracts in context for themselves. Any misrepresentation of the record or the decided cases, whether deliberate or otherwise, would strongly undermine the advocate's credibility and detract from the case. Developing a positive reputation is one of the cornerstones of being an effective advocate. Being as candid and as helpful to the court as possible is one of the first and most important steps in that direction.27
The Art of Reading the Court
49. I now turn to the third area of focus, which is perhaps the most important skill in oral appellate advocacy, and which most clearly distinguishes the truly accomplished advocate from the rest. This is the art of reading the court. This is honed primarily through experience rather than instruction, and dependent on instinct as much as knowledge or intellect. At bottom, it represents the deeply human skill of reading the room.
50. Like any work of art, the art of reading the court is not completed in a single stroke or a broad brush. Instead, it must be sustained throughout the oral hearing. It begins with being alive to the concerns that the court has. Judges may signal their concerns in a variety of ways, including through direct questions or by expressly flagging issues that are troubling the coram. Advocates should be ready to grasp these concerns and address them as directly and as clearly as possible.28
51. As the late Justice Ruth Bader Ginsburg of the US Supreme Court once eloquently stated, "[q]uestions should not be resented as intrusions into a well-planned lecture".29 Judges pose questions for various reasons, including to test the coherence of the arguments, to clarify issues that are troubling the court, to persuade fellow judges on the coram, or to let it dawn on counsel that the argument being advanced faces considerable difficulty. Advocates should do their best to identify the root of the question and to adapt their oral submissions to the concerns of the court accordingly. Attempting to fudge or avoid the question is counterproductive and the advocate would likely lose credibility with the court. Where appropriate, the advocate should candidly concede the point, or offer a cogent explanation why the position taken should still prevail notwithstanding the concession.30
52. Reading the court is equally important in the course of an advocate moving through his or her arguments. One of the most common errors in oral advocacy is spending too much time on a point that the court is clearly not persuaded by.31 Advocates have to tread a fine line between pressing a point with conviction, and overstaying and lacking the judgment to move on. Equally, effective advocates must read the court by spotting and developing points raised by the court that are helpful to one's case.32 This goes beyond simply acknowledging the point and pressing on with prepared arguments. Instead, the advocate should engage with the point raised by the court, including by explaining why the point is correct and how it supports the position being advocated for.
53. The art of reading the court extends to the rebuttals. The advocate has to decide whether to proceed with the rebuttal and, if so, what to include in it. Notably, the US Supreme Court's Guide for Counsel highlights that "[r]ebuttal can be very effective. But you can be even more effective if you thoughtfully waive it when your opponent has not been persuasive."33 The same principles apply if one would merely be rehashing points already made in response to the respondent's arguments. That is the true discipline of an effective advocate.
Part V: Leveraging Technology and Continuous Improvement
Technology in Appellate Practice
54. Before I close, I turn briefly to two other important aspects impacting the work of advocates. The first aspect is about leveraging technology. Advocates must familiarise themselves with how technology can be utilised in advocacy work and the relevant guidelines in this regard. I would not be surprised at all that AI has already been used increasingly (even if not prominently) in appellate advocacy. The use of technology is always facilitative and augmentative. AI use in particular must be accompanied by a healthy dose of scepticism and enquiry. The advocate must always pause to question whether the use of a particular tool in a particular context is truly productive, and whether it genuinely advances the appeal. Technology is a means, and not an end, and it should never be allowed to substitute the independent judgment and analytical rigour that effective appellate advocacy demands.
Continuing Professional Development
55. The second aspect relates to continuing professional development. Continuing legal education programmes and specialised advocacy skills training provide structured approaches to skills development that can enhance appellate advocacy. Mentorship and collaboration with experienced appellate advocates offer invaluable opportunities for learning and professional growth, providing access to practical wisdom and insights that cannot be obtained through formal education alone. Cross-disciplinary learning and exposure to different areas of legal practice can also enhance appellate advocacy by providing broader perspectives on legal principle and practical application.
56. The Law Society of Singapore's Advocacy Committee, with support from the Civil and Criminal Practice Committees, has done commendable work in developing an Advocacy Training and Development Roadmap (“the ATD Roadmap”). The ATD Roadmap provides a structured guide for junior, middle, and senior lawyers by outlining the skills and courses that would be suitable for civil and criminal litigators at each level.
57. Finally, I touch on the role of junior advocates. As Chief Justice Sundaresh Menon has observed, young lawyers face the challenge of having significantly reduced opportunities to develop their craft.34 Initiatives to mitigate this challenge include the extension of the Young Independent Counsel Scheme to cases before the Court of Appeal and Appellate Division of the High Court,35 as well as amendments to the Supreme Court Practice Directions 2021 such that junior assisting counsel are ordinarily expected to make part of the submissions at any oral hearing. I am heartened to see these initiatives already being put into practice. To truly take root, our senior practitioners must actively support and encourage our young advocates. Where appropriate, senior practitioners should also persuade clients that delegating certain advocacy tasks to junior counsel is ultimately in their interests, as it reduces legal costs and allows lead counsel to focus on the main advocacy tasks.36
Conclusion
58. To sum up, effective appellate advocacy in Singapore's civil courts represents the synthesis of analytical rigour, persuasive writing and communication, and strategic thinking applied within a mature and sophisticated legal framework that values principled decision-making and commercial certainty.
59. The development of appellate advocacy skills requires systematic attention to all aspects of the appellate process, from initial case evaluation through final oral argument, combined with deliberate practice and continuous learning from experience and feedback. I suggest that the foundations of success lie in comprehensive preparation, proactive and clear thinking, and skilled presentation that respects judicial perspectives whilst advancing client interests through principled legal argument.
60. As Singapore's legal system continues to develop and mature, the opportunities for skilled appellate advocates to make significant contributions to legal principle and commercial certainty will only increase. The ultimate measure of effectiveness in appellate advocacy lies not merely in achieving desired case outcomes but in the commitment and capacity to make significant contributions to legal development and the advancement of justice.
1. I am grateful for the assistance of Justices’ Law Clerks Ryan Lee and Kit Pang in the preparation of this speech. Any errors remain my own and my views are expressed purely in my personal capacity and do not represent the views of the Singapore judiciary.
2. Caseload statistics provided by the SG Courts website https://www.judiciary.gov.sg/who-we-are/statistics/caseload-statistics-2021; Edwin Tong, Second Reading of the SCJA Amendment Bill (2019).
3. O 3 r 1(2) ROC 2021.
4. O 19 r 30(4) ROC 2021.
5. Kannan Ramesh, “The Rules of Court 2021: Perspectives from the Bench (The Appellate Division of the High Court” (2024) 36 SAcLJ 472 (“Ramesh”) at paras 3–5.
6. Ramesh at paras 6–7.
7. Ramesh at para 16, citing The Chem Orchid [2016] 2 SLR 50 at [57].
8. Ramesh at paras 31 and 33.
9. Andrew Phang, “Litigation in Appellate Courts: Some Personal Reflections and Observations” (2024) 36 SAcLJ 617 (“Phang”) at para 21; Vinodh Coomaraswamy SC et al, Modern Advocacy, Perspectives from Singapore (2008) (“Modern Advocacy”) at p 13.
10. Modern Advocacy at p 13.
11. Modern Advocacy at p 325.
12. Xia Zhengyan v Geng Changqing [2015] 3 SLR 732 at [100].
13. Phang at para 21, citing Modern Advocacy at pp 322–323.
14. Modern Advocacy at pp 324 and 330.
15. Phang at paras 20–23; Modern Advocacy at pp 322 to 323, 330.
16. Modern Advocacy at p 325.
17. Modern Advocacy at p 326.
18. Phang at para 24.
19. Modern Advocacy at p 327.
20. Modern Advocacy at p 328.
21. Michael R Fontham & Michael Vitiello, “Persuasive Written and Oral Advocacy: In Trial and Appellate Courts” (2013, 3rd Ed, Wolters Kluwer Law & Business in New York) (“Fontham & Vitiello”) at p 170.
22. Fontham & Vitiello at pp 172-173, 339.
23. Fontham & Vitiello at p 179.
24. Fontham & Vitiello at pp 170-171.
25. Fontham & Vitiello at p 339.
26. Phang at para 28.
27. Phang at para 35.
28. Phang at para 35.
29. Justice Ruth Bader Ginsburg, “Remarks on Appellate Advocacy” (1999) 50 South Carolina Law Review 567 at 569.
30. Phang at para 34.
31. Phang at para 36.
32. Phang at para 37.
33. Supreme Court of the United States, “Guide for Counsel in Cases to be Argued before the Supreme Court of the US” (October 2024) https://www.supremecourt.gov/casehand/guide%20for%20counsel%202024.pdf (accessed 13 April 2026) at p 11.
34. Chief Justice Sundaresh Menon, “Opening Address at the Legal Profession Symposium 2025 - The Future of the Legal Profession: A Shared Vision” (29 July 2025) https://www.judiciary.gov.sg/news-and-resources/news/news-details/chief-justice-sundaresh-menon--opening-address-at-the-legal-profession-symposium-2025 (accessed 13 April 2026) (“Opening Address Legal Profession Symposium 2025”) at para 20.
35. Chief Justice Sundaresh Menon, “Response delivered at the Opening of The Legal Year 2026” (12 January 2026) https://www.judiciary.gov.sg/news-and-resources/news/news-details/chief-justice-sundaresh-menon--response-delivered-at-the-opening-of-the-legal-year-2026 (accessed 13 April 2026) at para 26.
36. Opening Address Legal Profession Symposium 2025 at para 25.
2026/05/08
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