Procedures
English-derived civil procedure with the Privy Council retained for civil appeals
Civil procedure follows English lines under the Supreme Court Act and Rules of the Supreme Court. Brunei is unusual in having retained the Judicial Committee of the Privy Council as the final civil appellate court by agreement, though not for criminal matters. The Court of Appeal sits with judges who are typically senior Commonwealth jurists.
Governing law
- Supreme Court Act (Cap. 5) — Court structure and civil jurisdiction.
- Application of Laws Act (Cap. 2) — Reception of English common law.
In practice
The High Court has unlimited original civil jurisdiction; Intermediate and Magistrates' Courts handle lower-value claims. Appeal lies from the High Court to the Court of Appeal, and thence to the Privy Council in civil cases by agreement. The Limitation Act sets a six-year period for most contract and tort claims. English common law and equity apply so far as circumstances permit under the Application of Laws Act. Privy Council access in civil matters is a genuine distinguishing feature for high-value contracts — but it does not extend to criminal appeals. Judgments are reported sparsely; the Attorney General's Chambers site is the primary source for legislation.