Q4. I wish to pursue a collective claim together with other victims of the fire. What procedures are available for bringing a group claim, and how can we coordinate our actions effectively?

Under Order 15 rule 12 of the Rules of the High Court (Cap. 4A), a representative action is possible where the group includes numerous persons and its members have the same interest in the proceedings. It allows proceedings to be started by or against one or more persons as representing a larger group where numerous persons have the same interest. The group must share a common interest and common grievance, and the issues of fact and law must be sufficiently alike for the procedure to work properly.

This rule is helpful where the victims’ complaints are materially the same, for example, where many residents are making negligence claims against the same contractor for the same kind of loss. It becomes harder when one person claims personal injury, another claims only flat repairs, another claims for a deceased relative, and another has a tenancy dispute, because those claims may require different evidence, different loss calculations, and different legal arguments.

If victims suffered different types of loss, lived in different units, faced different defences, or rely on different facts, a single representative case may be difficult, and a coordinated set of separate claims may be more realistic.

However, under Order 15 rule 12 of the Rules of the High Court, only declaratory relief (i.e. a binding court statement on legal rights or obligations, without ordering specific action, payment, or injunctions) can typically be obtained in a representative capacity. If the plaintiff in his representative capacity establishes his claim to the declaratory relief sought, it will still be necessary for each member of the class to bring his own action to establish damage suffered by him within 6 years from the date when the cause of action arose, since the court has no power to make an order for damages in a representative action, and the only effect of the declaratory order in favour of the plaintiff in his representative capacity is that the issues covered by that order would be binding between members of the class and the defendants.

A further important point is that a judgment or order in representative proceedings can bind not only the named parties but also the persons represented in the action. It means the group should be organized carefully at the start, with clear agreement on who is represented, what common issues are being advanced, and what decisions the lead claimants may take on behalf of the group.

Moreover, under Order 15 rule 4 of the Rules of the High Court, two or more persons may be joined as plaintiffs where: a common question of law or fact would arise in separate actions; and all rights to relief arise out of the same transaction or series of transactions (i.e. a joinder).

One should also be careful about conflicts within the group. A group may start with a shared interest, but conflicts can arise later if, for instance, some residents want early settlement, some want to sue the Owners’ Corporation, some want to rely mainly on insurance, and some may themselves become potential defendants depending on how the fire spread or where works were done.

Practical considerations should be given before a party agree to the joinder of plaintiffs, such as the possible joint liability of co-plaintiffs to a successful defendant for the increased costs occasioned by the joinder of an unsuccessful plaintiff. This is especially so if some of the co-plaintiffs are insolvent or the chance of some of the claims is doubtful. They should also ensure that there is no conflict of interest or division of opinion. There is also the risk of the proceedings being embarrassed or delayed by the death, illness, absence from the jurisdiction, mental incapacity, or bankruptcy of a co-plaintiff, or by his failure to obey court orders.

While it is common for victims to consider coordinating their efforts — for example, by sharing evidence such as fire reports, photographs, receipts, maintenance history, and investigation findings — they should be cautious before taking any coordinated action. Coordination among multiple claimants can give rise to conflicts of interest, particularly when the parties' claims or litigation strategies diverge later. Documents gathered or exchanged for the purposes of litigation may also be subject to legal professional privilege or litigation privilege, and care must be taken not to inadvertently waive that privilege by sharing them with others outside the solicitor-client relationship. Further, such documents may contain private and personal information, raising serious concerns about confidentiality and data privacy obligations.

For these reasons, victims should seek independent legal advice before agreeing to a representative action, joinder or taking any coordinated action, so that their individual interests and rights are properly protected from the outset.