Tan Chi Min v The Royal Bank of Scotland Plc: Open Justice & Access to Court Documents in Wrongful Dismissal Case
In Tan Chi Min v The Royal Bank of Scotland Plc, the High Court of Singapore addressed the principle of open justice concerning public access to court documents. Tan Chi Min sued The Royal Bank of Scotland Plc for wrongful dismissal, claiming he was a scapegoat in the LIBOR scandal. The Defendant sought a sealing order to prevent public access to the case file. The court discharged the sealing order, ruling that access to affidavits would be granted only after their admission as evidence in trial or interlocutory hearing. The court provided guidelines on access to court documents, balancing public interest with privacy concerns.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Sealing order discharged; access to affidavits granted only after admission as evidence.
1.3 Case Type
Civil
1.4 Judgment Type
Written Judgment
1.5 Jurisdiction
Singapore
1.6 Description
High Court judgment on public access to court documents in Tan Chi Min's wrongful dismissal suit against The Royal Bank of Scotland Plc.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Chi Min | Plaintiff | Individual | Sealing order discharged | Partial | |
| The Royal Bank of Scotland Plc | Defendant | Corporation | Sealing order denied | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- Tan Chi Min sued The Royal Bank of Scotland Plc for wrongful dismissal.
- Tan Chi Min claimed he was made a scapegoat in the LIBOR scandal.
- The Royal Bank of Scotland Plc sought a sealing order to prevent public access to the case file.
- The Defendant argued that public access would undermine ongoing investigations in the United States.
- The court discharged the sealing order.
- The court ruled that access to affidavits would be granted only after their admission as evidence.
- The court provided guidelines on access to court documents.
5. Formal Citations
- Tan Chi Min v The Royal Bank of Scotland Plc, Suit No 939 of 2011 (Summons No 4812 of 2012), [2013] SGHC 154
6. Timeline
| Date | Event |
|---|---|
| Action commenced by Mr. Tan Chi Min against The Royal Bank of Scotland Plc. | |
| The Royal Bank of Scotland Plc filed Summons No 4812 of 2012 seeking a sealing order. | |
| Hearing of SUM4812/2012 in chambers. | |
| Order made to seal affidavits filed since 7 September 2012 from public inspection pending trial. | |
| Further mention on SUM4812/2012; court indicated inclination to discharge sealing order. | |
| Written judgment issued, discharging the sealing order. |
7. Legal Issues
- Access to Court Documents
- Outcome: The court ruled that access to affidavits would be granted only after their admission as evidence in trial or interlocutory hearing.
- Category: Procedural
- Sub-Issues:
- Public Inspection of Affidavits
- Sealing Orders
- Principle of Open Justice
- Outcome: The court affirmed the importance of the principle of open justice, requiring decisions by judges to be amenable to scrutiny by members of the public through inspection of documents filed in court that were considered in the decision-making process.
- Category: Substantive
- Defamation
- Outcome: The court noted that statements made in the course of judicial proceedings are absolutely privileged.
- Category: Substantive
8. Remedies Sought
- Damages
9. Cause of Actions
- Wrongful Dismissal
- Breach of Contract
10. Practice Areas
- Litigation
- Civil Litigation
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Scott v Scott | House of Lords | Yes | [1913] AC 417 | England and Wales | Cited as the foundational case for the principle of open justice. |
| Dian AO v Davis Frankel & Mead (a firm) and another (OOO Alfa-Eco and another intervening) | High Court | Yes | [2005] 1 WLR 2951 | England and Wales | Cited for detailed explanation of the principle of open justice and its application to court documents. |
| Hodgson and Others v Imperial Tobacco Ltd and Others | English Court of Appeal | Yes | [1998] 1 WLR 1056 | England and Wales | Cited for the position that chamber hearings are not confidential and information can be made available to the public. |
| Barings plc v Coopers & Lybrand | Unknown | Yes | [2000] 1 WLR 2353 | England and Wales | Cited for extending the principle of open justice to copies of documents the judge has been invited to read. |
| Dobson and another v Hastings and others | Unknown | Yes | [1992] 1 Ch 394 | England and Wales | Cited to support the conclusion that the registrar's power under O 60 r 4(2) of the Rules of Court is of a judicial nature. |
| Hong Lam Marine Pte Ltd and Another v Koh Chye Heng | High Court | Yes | [1998] SGHC 65 | Singapore | Cited for the principle that statements made in the course of judicial proceedings are absolutely privileged. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
| Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act | Singapore |
| Supreme Court of Judicature Act | Singapore |
| Defamation Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Open Justice
- Sealing Order
- Affidavits of Evidence-in-Chief
- LIBOR Scandal
- Public Access
- Court Documents
- Interlocutory Proceedings
- Originating Processes
- Pleadings
15.2 Keywords
- Open Justice
- Court Documents
- Sealing Order
- Wrongful Dismissal
- LIBOR
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Open justice | 90 |
| Civil Practice | 70 |
| Administrative Law | 30 |
| Constitutional Law | 20 |
16. Subjects
- Civil Procedure
- Access to Information
- Court Practice