Rogers v. Ngerng: Ad Hoc Admission for Defamation Case Assessment of Damages
In Re Rogers, Heather QC, the Singapore High Court addressed an application by Ms. Heather Rogers QC for ad hoc admission to the Supreme Court of Singapore to represent Mr. Roy Ngerng Yi Ling in Suit No 569 of 2014, a defamation case brought by Mr. Lee Hsien Loong. The court, presided over by Steven Chong J, dismissed the application, holding that Ms. Rogers did not demonstrate the 'special qualifications or experience' required under s 15(1)(c) of the Legal Profession Act, given the uniquely local jurisprudence involved in assessing damages for defamation, particularly against a public leader. The court also found that there was no 'need' for foreign counsel, as the issues were not complex and local counsel were available. The court ordered Mr. Ngerng to bear the costs of the application.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed Heather Rogers QC's application for ad hoc admission to represent Roy Ngerng in a defamation suit, citing a lack of special qualifications relevant to the local jurisprudence of assessing damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Neutral | Neutral | Jeyendran Jeyapal of Attorney-General’s Chambers |
| Law Society of Singapore | Respondent | Statutory Board | Neutral | Neutral | |
| Lee Hsien Loong | Plaintiff, Respondent | Individual | Costs Awarded | Won | |
| ROY NGERNG YI LING | Respondent | Individual | Costs to be Borne | Lost | |
| Rogers, Heather QC | Applicant | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Steven Chong | Judge | Yes |
4. Counsels
4. Facts
- Ms. Rogers sought ad hoc admission to represent Mr. Ngerng in a defamation suit brought by the Prime Minister.
- Mr. Ngerng published an article on his blog that was deemed defamatory by the court.
- Interlocutory judgment had already been entered, and the matter was scheduled for assessment of damages.
- Mr. Lee was pursuing a claim for aggravated damages, alleging malicious publication.
- Mr. Ngerng had previously been represented by local counsel who were not Senior Counsel.
- The search for local Senior Counsel began relatively late in the proceedings.
- Ms. Rogers' affidavit was deemed deficient in providing specific details of her expertise relevant to the case.
5. Formal Citations
- Re Rogers, Heather QC, Originating Summons No 532 of 2015, [2015] SGHC 174
- Lee Hsien Loong v Roy Ngerng Yi Ling, , [2014] SGHC 230
6. Timeline
| Date | Event |
|---|---|
| Mr. Ngerng published an article on his blog | |
| Mr. Lee Hsien Loong commenced Suit No 569/2014 claiming defamation | |
| Hearing of Summons No 3403 of 2014 | |
| Lee Seiu Kin J adjudged the article was defamatory and granted interlocutory judgment | |
| Mr. George Hwang took over from Mr. Thuraisingam | |
| Ms. Rogers instructed by Mr. Ngerng | |
| Affidavit of George Bonaventure Hwang Chor Chee dated | |
| Ms. Rogers filed Originating Summons No 532 of 2015 | |
| Notes of Evidence of Steven Chong J in HC/OS 532/2015 | |
| Assessment for damages hearing took place | |
| Assessment for damages hearing took place | |
| Decision Date |
7. Legal Issues
- Ad Hoc Admission of Foreign Counsel
- Outcome: The court held that the applicant did not meet the mandatory requirements for ad hoc admission under s 15(1)(c) of the LPA.
- Category: Procedural
- Sub-Issues:
- Special qualifications and experience
- Need for foreign counsel
- Availability of local counsel
- Reasonableness of admission
- Assessment of Damages in Defamation
- Outcome: The court noted that the assessment of damages in defamation is 'peculiarly dependent on local conditions and local tariffs'.
- Category: Substantive
- Sub-Issues:
- General damages
- Aggravated damages
- Impact of local socio-political conditions
8. Remedies Sought
- Ad Hoc Admission to the Supreme Court of Singapore
9. Cause of Actions
- Defamation
10. Practice Areas
- Ad Hoc Admissions
- Defamation Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Beloff Michael Jacob QC | Court of Appeal | Yes | [2014] 3 SLR 424 | Singapore | Established the framework for ad hoc admissions, emphasizing the need to satisfy mandatory statutory conditions before considering discretionary factors. |
| Re Caplan Jonathan Michael QC | High Court | Yes | [2013] 3 SLR 66 | Singapore | Discussed the interpretation of s 15(2) of the LPA and its relationship with the Notification matters, but the approach was later departed from in Re Beloff. |
| Lee Hsien Loong v Roy Ngerng Yi Ling | High Court | Yes | [2014] SGHC 230 | Singapore | Refers to the initial judgment where the article was adjudged defamatory and Mr. Ngerng had not established a triable defence. |
| Re Fordham, Michael QC | High Court | Yes | [2015] 1 SLR 272 | Singapore | Illustrates the importance of specific subject matter expertise in ad hoc admission applications, particularly in areas with local legal content. |
| Re Lord Goldsmith Peter Henry PC QC | High Court | Yes | [2013] 4 SLR 921 | Singapore | Demonstrates a case where the applicant was held to have the requisite 'special qualifications and experience' due to prior experience with similar issues. |
| Re Andrews Geraldine Mary QC | Court of Appeal | Yes | [2013] 1 SLR 872 | Singapore | Emphasizes the importance of concern for the particular case at hand in the court's discretion. |
| Lange v Atkinson | Privy Council | Yes | [2000] 1 NZLR 257 | New Zealand | Cited for the principle that defamation law involves a value judgment dependent on local political and social conditions. |
| Review Publishing Co Ltd and another v Lee Hsien Loong and another appeal | Court of Appeal | Yes | [2010] 1 SLR 52 | Singapore | Approved the statement in Lange v Atkinson and serves as a reminder that the law in this area is now largely a product of autochthonous development. |
| Lim Eng Hock Peter v Lin Jian Wei and another and another appeal | Court of Appeal | Yes | [2010] 4 SLR 357 | Singapore | Explains the purposes of awarding general damages in defamation and emphasizes the higher damages awarded to public leaders. |
| Jeyaretnam Joshua Benjamin v Lee Kuan Yew | Privy Council | Yes | [1981-1982] SLR(R) 353 | Singapore | Stated that determining an appropriate sum is 'peculiarly dependent on local conditions and local tariffs'. |
| Lee Kuan Yew and another v Tang Liang Hong and others and other actions | High Court | Yes | [1997] 2 SLR(R) 81 | Singapore | Stressed that Singapore courts have their own awards and do not rely on English awards as a benchmark. |
| Koh Sin Chong Freddie v Chan Cheng Wah Bernard and others and another appeal | Court of Appeal | Yes | [2013] 4 SLR 629 | Singapore | Provided a comprehensive statement of the approach to be taken in the assessment of general and aggravated damages in the tort of defamation. |
| Arul Chandran v Chew Chin Aik Victor | High Court | Yes | [2001] 1 SLR(R) 86 | Singapore | Case where the principles in the assessment of general and aggravated damages in the tort of defamation were applied. |
| Lee Hsien Loong v Singapore Democratic Party and others and another suit | High Court | Yes | [2009] 1 SLR(R) 642 | Singapore | Case where the principles in the assessment of general and aggravated damages in the tort of defamation were applied. |
| Low Tuck Kwong v Sukamto Sia | Court of Appeal | Yes | [2014] 1 SLR 639 | Singapore | Cited for the principle that the tortfeasor is liable where the republication was the natural and probable result of the original publication. |
| Goh Chok Tong v Jeyaretnam Joshua Benjamin | High Court | Yes | [1997] 3 SLR(R) 46 | Singapore | Cited for the principle that the tortfeasor is liable where the republication was the natural and probable result of the original publication. |
| Crookes v Newton | Supreme Court | Yes | [2011] 3 RCS 269 | Canada | Addressed whether the publication of a hyperlink, by itself, should be seen to be the publication of the content to which it refers. |
| Golden Season Pte Ltd and others v Kairos Singapore Holdings Pte Ltd and another | High Court | Yes | [2015] 2 SLR 751 | Singapore | Found that the defendant was liable for defamatory material which had been posted on his personal 'Facebook' page. |
| Re De Lacy Richard QC | High Court | Yes | [2003] 4 SLR(R) 23 | Singapore | Addressed that even though the application was taken out in the name of Ms Rogers, the 'true party' who stood to benefit from this application (and who therefore should bear the costs of the application) was Mr Ngerng. |
| Price Arthur Leolin v Attorney-General and others | Court of Appeal | Yes | [1992] 3 SLR(R) 113 | Singapore | Addressed that the process for the admission of a Queen’s Counsel is technically a separate matter from the action he seeks to appear in. |
| Re Millar Gavin James QC | High Court | Yes | [2008] 1 SLR(R) 297 | Singapore | Addressed that it cannot be the case that a litigant is entitled to be represented by a foreign senior counsel simply because the opposing party is represented by a senior counsel. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| Legal Profession (Admission) Rules 2011 (S 244/2011) |
| Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2010 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) | Singapore |
| Defamation Act 2013 (c 23) | United Kingdom |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Ad Hoc Admission
- Special Qualifications and Experience
- Inequality of Arms
- Defamation
- Assessment of Damages
- Local Jurisprudence
- Public Leader
- Malice
- Senior Counsel
- Notification Matters
15.2 Keywords
- Ad Hoc Admission
- Defamation
- Singapore
- Legal Profession Act
- Damages Assessment
- Foreign Counsel
17. Areas of Law
16. Subjects
- Legal Profession
- Defamation
- Civil Procedure