The Courts of Judicature Act 1964 (Act 91) and the Subordinate Courts Act 1948 (Act 92) form the foundation of Malaysia’s judicial system by defining the structure, jurisdiction, and powers of the superior and subordinate courts respectively. The former clarifies the authority of superior courts, while the latter establishes the subordinate courts and outlines their limited jurisdiction. Understanding these Acts is crucial for lawyers to ensure claims are properly prosecuted at the correct court, preventing cases from being invalidated due to jurisdictional and procedural errors.

This publication, The Annotated Courts of Judicature Act 1964 including The Annotated Subordinate Courts Act 1948, delivers invaluable section-by-section annotations of the Courts of Judicature Act 1964 alongside comprehensive commentary on the Subordinate Courts Act 1948. It offers clear and authoritative insights into the application and interpretation of these statutes.

Authored by a seasoned litigator with extensive expertise in Malaysian civil procedure and appellate practice, the work combines the full text of both Acts with high-quality annotations that are practical, insightful, and reliable. This enables readers to develop a confident and thorough understanding of the statutes’ operation.

Key terms and phrases within each section are meticulously explained through references to relevant local and foreign case law as well as academic literature. The publication also enhances usability by incorporating cross-references linking each provision to related sections, facilitating quick and efficient navigation.

The second edition includes thoroughly updated and current content, featuring numerous new case laws and the updated Courts of Judicature (Amendment) Act 2022 to ensure comprehensive and up-to-date coverage.

This book is an essential reference source for all lawyers who deal with one of the most important remedies in civil and family litigation – the injunction. Injunctions by David Bean, Isabel Parry and Andrew Burns provides you with an indispensable reference tool. This highly practical work covers every type of injunction, going through their scope and limitations, and the procedures involved in obtaining them. The new 14th edition has been completely updated to incorporate all the key developments in this area of law since the last edition was published three years ago. Features of the new edition include: Injunctions against “persons unknown”: Canada Goose and subsequent decisions Injunctions to restrain publication of reports by public bodies Worldwide freezing orders: Lakatamia Shipping v Morimoto Imaging orders: TBD (Owen Holland) Ltd v Simons New CPR 81 on committal for contempt

Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability. It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available. Key features Examines the nature of professional liability Deals with subjects of general application and delves into specific professions Discusses the difference between tortuous liability and contractual liability Considers the duties and obligations of a professional including positive duties and restrictions Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience Discusses changes in the standard required by professional Explains the nature of a fiduciary duty including unauthorised profits and undue influence Discusses the origins of the duty of confidentiality including the continuing duty to former clients Differentiates between limitation in contract, tort and equity

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its ninth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues. The First Supplement to the 9th Edition brings this well-established and definitive text fully up-to-date, including significant case law such as: Kekwick v Kekwick (Meaning of 'action' and 'proceeding' and the differences between them); Boxxe Ltd v Secretary of State for Justice, Walton v Pickerings Solicitors (the calculation of time and the differences between issue and service); Lees v Kaye (what counts as 'personal injury'); Jalla v Shell, Honda Pension Trustees v Mercer Ltd (continuing torts); James v Scudamore (Laches).

Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. Key Features: Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action Covers both documentary and non-documentary disclosure Considers the timing when disclosure should be made Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure Considers the issue of privilege and the waiver of it Examines the consequences of a failure to comply with the requirement to disclose Looks at collateral use of documents, information requests, and expert reports Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998 Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands New material in the Sixth Edition: The Sixth Edition brings the work up to date. In particular, it covers the important transition from the Disclosure Pilot Scheme to the new Practice Direction for Business and Property cases. It also includes the following cases, to name but a few: Cases on redaction, such as TVZ v Manchester City FC Ltd [2021] EWHC 1179 (QB) Cases about electronic disclosure, such as Sportsradar AG v Football Dataco Ltd [2022] CAT 37 Cases dealing with inspection of documents, like Michael Wilson & Partners Ltd v Emmott [2022] EWHC 730 (Comm) Cases on experts, such as Pickett v Balkind [2022] 4 WLR 88 Important privilege cases, such as Director of the Serious Fraud Office v Eurasian Natural Resources Ltd [2018] EWCA Civ 2006, WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652, and R (Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 Information request cases, including Al-Saud v Gibbs [2022] 1 WLR 3082, Vardy v Rooney [2022] EWHC 1209 (QB) and Fairclough v Tasi Ltd [2022] EWHC 2714 (Ch) Cases on failure to comply, like Ocado Group Plc v McKeeve [2021] EWCA Civ 145 and Olympic Council of Asia v Novans Jets LLP [2023] EWHC 276 (Comm) Cases on access to the court file, such as Cape Intermediate Holdings Ltd v Dring [2020] AC 629

Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 1st Supplement brings the text fully up to date in the light of extensive new case law and legislative developments, including the UK not acceding to the Lugano Agreement. Commercial Injunctions provides: Unparalleled in-depth coverage of all aspects of injunctions Highly practical advice on how and when to obtain injunctions, how to defend against such orders and the options available Key insight into the continuing evolution of the Mareva jurisdiction preserving assets A coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes. A one-stop source of answers to key questions

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

Asbestos: Law & Litigation is the first comprehensive guide to claims for asbestos-related injury in the UK. It has been written by experienced practitioners involved in many of the leading cases on the subject. The scope of the book is wide-ranging; from the development of knowledge, to the law of damages, with all of the legal and practical issues in between. Key features include: Cutting-edge analysis of the medical aspects of asbestos-related conditions by leading experts Dr John Moore-Gillon and Dr Robin Rudd A history of asbestos and its uses In-depth analysis of the common law and statutory routes to liability in asbestos disease claims of all kinds An explanation of the complex insurance and reinsurance issues that arise in the context of cover for asbestos-related illness Guidance on the damages recoverable in civil actions and on the technicalities of applications for payments under the DMPS and other statutory schemes Practical advice on the specific procedural issues that arise in asbestos disease claims and inquests Key case law discussed: Steve Hill Ltd v Witham, Head v Culver Heating Co Ltd and Rix v Paramount Shopfitting Company Ltd: a recent trilogy of Court of Appeal judgments which clarified the proper approach to the assessment of losses in asbestos disease claims Bussey v Anglia Heating Ltd: a key Court of Appeal decision concerning the correct approach to foreseeable risks in tort law and the impact and relevance of important technical guidance documents in asbestos claims. HMG3 LTD v Dunn: bespoke High Court guidance on the court’s approach to the exercise of its discretion to disapply the primary limitation period in cases involving claims for fatal asbestos disease. Heneghan v Manchester Dry Docks Ltd: a significant Court of Appeal decision importing the Fairchild rule into asbestos lung cancer claims and also applying the “doubles the risk” test to causation based on epidemiological evidence. Chandler v Cape Plc: a groundbreaking decision (recently re-affirmed by the Supreme Court) and the first case in which the Court of Appeal confirmed that a parent company could owe a direct duty of care to an employee who had been exposed to asbestos by one of its subsidiaries. McDonald v National Grid Electricity: a landmark decision from the Supreme Court concerning the scope of the Asbestos Industry Regulations 1931. DP v Topmark Claims Management Ltd: the first reported decision concerning the Diffuse Mesothelioma Payment Scheme 2014, which answers a number of questions concerning its requirements. Key Legislation Includes: Third Parties (Rights against Insurers) Act 1930 and 2010 Asbestos Industry Regulations 1931 Factories Act 1937 and 1961 Asbestos Regulations 1969 Limitation Act 1980 Control of Asbestos at Work Regulations 1987 and 2002 Control of Asbestos Regulations 2006 and 2012

Lawyers are officers of the court who strive to use the tools of orators and authors to win over the Bench. Charged with advancing the interests of their clients before registrars, magistrates and judges, lawyers have captured the imagination of the public wherever they practise. Written specifically to guide those advocates who seek to further refine their art, this book seeks to illuminate the path leading to effective, efficient advocacy.

Discussed in detail are not just the principles and best practices concerning examinations-in-chief, cross-examinations, and re-examinations, but also written advocacy, which is now prevalent in contentious litigation in the Malaysian courts. The practical insight and instruction offered here will assist in providing tools to aspiring advocates, which range from knowing how to properly approach the Bench to preparing devastatingly effective submissions.

Important guidance contained in this book includes: 

• Instructive lessons of advocacy
• Practical pointers which will assist in structuring and organizing materials for submissions
• Useful appendices containing the author’s own experiences in a litigation-based environment
• List of recommended further references to advice and best practices regarding better and more efficient communication 

On Your Feet: A Practical Guide to Civil Advocacy provides broad coverage of the types of hearings commonly encountered by pupils and junior tenants practising in civil law. The aim of the book is to provide practical information, quickly and clearly, about how to approach each type of hearing and the issues that may arise in that hearing.

There is a dearth of practical information for pupils or junior tenants practising in civil law when receiving their first briefs or attending a hearing for the first time. Until now, the approach has generally been to learn ‘on-the-job’, which leaves many pupils and junior tenants feeling unsure and underprepared before a hearing.

This book guides the reader through the process of attending court and running their own case, across many different types of hearing, from start to finish. This includes holding conferences with clients, communicating with solicitors, making submissions, and drafting final orders. It highlights the key texts, rules, and case law applicable to each type of hearing and provides a firm framework upon which a barrister may build their case. It will also be useful to solicitor advocates, solicitors’ agents, and litigants in person who may be unfamiliar with the different types of hearing or how a case proceeds.

The authors, all practising junior barristers, have experience of regular court work and are writing from a current, junior perspective, answering the common questions asked by pupils and junior tenants. The content of the book is divided between General Civil and Personal Injury; Landlord and Tenant; Commercial Chancery; and Employment. The Introductory section covers general practical considerations, whilst the appendix includes examples of orders and attendance notes which have been approved and used in real cases. Although the book is not a replacement for the White Book, it offers cross-references to it, so acts as a ‘way in’ for those not overly familiar with it.

Features:

• Provides detailed coverage of the types of hearings commonly encountered by pupils and junior tenants practising specifically in civil law
• Subject areas covered are general Civil & Personal Injury; Commercial and Chancery; Employment and Landlord & Tenant
• Provides clear, practical, and focused information about how to approach each type of hearing and the issues that may arise in that hearing
• Indicates the key texts (including the White Book), rules and cases to consult, and guides the reader through the process of appearing in that hearing, including holding conferences with the client, communicating with the solicitors, and drafting orders
• Fills a gap in the market and builds on the limited resources already available
• The authors have experience of regular court work and are writing from a current, junior perspective, answering the common questions asked by pupils and junior tenants

Written by an experienced counsel, this book contains a wealth of essential guidance on the preparation for and the conduct of a trial. The text is clear and succinct, amply supported by relevant case law, both local and foreign, as well as statutory sources in particular the Rules of Court 2012 and the Evidence Act 1950. Organised in a systematic structure, the book covers trial preparation, the various aspects of trial proper, submissions, judgment and the ethics of trial advocacy.

The carefully written text, a result of thorough consideration of the subject and meticulous research, is immensely useful in preparing for trial, providing clear guidance and analytical insights. The rich array of authorities and sources cited gives pointers for further research to ensure that counsel is painstakingly armed for trial.

A well-crafted system of headings, supplemented by helpful cross-references, enables the trial lawyer to easily refer to the book for the correct law, confirmation on a finer point of practice, practical direction and relevant authorities int he midst of the cut and thrust of  trial. For the judge, the book may be confidently consulted when presiding over the trial.

Be it for young lawyer, the seasoned counsel, or the busy judge, The Trial Lawyer's Companion is indeed a book to have readily on hand.

NEW IN THIS EDITION:

• Updates case authorities since 2005 up to 30 June 2017
• Addresses the impact of the Rules of Court 2012
• Considers and clarifies developments and changes to the law in respect of discovery, admissibility of documents in trial bundles, privilege, expert evidence, and computer documents.

KEY FEATURES:

• Contains a wealth of practical guidance on trial practice
• Fully up-to-date with relevant statutory provisions
• Replete with invaluable leading case authorities
• Illuminates the difficult areas of trial practice

The determination of costs is an important matter for both the lawyer and the client. The Law of Costs in Civil Proceedings is the only book in Malaysia to comprehensively consider this subject in detail. It is written by an experienced court lawyer who is also a prolific writer. Clear analysis of the law provides great value in the book. There are also regular references to relevant statutory provisions and copious citations of cases from various jurisdictions, including Malaysia, England, Singapore and Australia. The wealth of information available will undoubtedly make this book one not to be missed.  

NEW IN THIS EDITION:

• Updated to cover the provisions of the Rules of Court 2012
• Considers new casses which discuss the application of the new court rules
• Discusses the new bases of assessment introduced by the Rules of Court 2012
• Provides guidance from cases on the exercise of judge's discretion in awarding costs
• Extensive reference to cases from Singapore, the UK and Australia which have introduced similar changes in court rules
• New chapter on costs for proceedings before the Special Commissioners of Income Tax

 

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FOREWORD (CLICK HERE)

This is a reference book that provides extensive and detailed exposition of the law governing sentencing, covering the principles of sentencing and the application of those principles. It offers an in-depth analysis of the language used in sentencing provisions. Many critical discussions of various sentences available to the court, including death sentences, imprisonment, fines, whipping, bonds of good behaviour and other non-custodial orders are highlighted in this book – which also includes discussions on youthful offenders and their treatment.

Features & Benefits

• Discussions are supported by relevant statutory provisions and useful case authorities
• Includes latest developments brought about by amendments to statutes including the Penal Code, the Criminal Procedure Code, the Criminal Justice Act and the Prison Act
• New chapter on Pre-Trial Processes is added
• Completely revamped chapter on Overview of Sentencing Guidelines for Some Offences; the chapter sets out a summary of sentencing guidelines of general application to a selection of offences, including offences affecting the human body and some affecting property under the Penal Code; drug possession,corruption, and child abuse.
• All procedural and substantive requirements analysed at length to help busy judges and criminal practitioners through the multitude of technicalities inherent in sentencing practice.
• An essential reference in an environment where no sentencing guidelines are issued by any authority and there is a paucity.

(Among) contributors to the Australian literature on mediation … none stand higher than the authors of this third edition of The Mediator's Handbook. Their contributions to the "conflict competence" of our communities, our citizenry and … institutions have been remarkable. (It) continues to be a "must have" compendium. – Paul Lewis in (2016) 27 Australian Dispute Resolution Journal 244

The Mediator's Handbook Third Edition is an established and highly respected work which assists both experienced and newly qualified mediators who wish to expand their range of skills in this ever-evolving field.

The mediation process is explained in simple steps applicable to all forms of dispute and clearly outlines the required skills, techniques and strategies, especially communication skills. Importantly, variations to the mediation process are explained as are the roles of advisers, support persons and interpreters.

In this Third Edition, there has been significant revision to reflect new developments in mediation since the previous edition published in 2004. Existing chapters have been updated, in particular the following:

• Chapter 7 – Stage 6 - Negotiations and Problem Solving has an expanded discussion on "options";
• Chapter 12 – Shuttle Negotiation and Shuttle Mediation is expanded to outline several ways of proceeding; and
• Chapter 18 – Communication Skills now incorporates content about "constructive listening".

Four new chapters have been added:

• Chapter 13 – Family Dispute Resolution wherein procedures are now prescribed by law;
• Chapter 14 – Intake and how this might be achieved;
• Chapter 19 – Questions setting out the different types of questions and where they may be applied;
• Chapter 20 – Facilitating Direct Communication;
• Chapter 22 – Underlying Needs and their application in a dispute resolution context.

The Mediator's Handbook Third Edition combines practical commentary and skills development from three exemplars of the field, providing a logical model with which to develop the use of structured strategies and skills. This work is an essential reference resource for all mediators, in every session they facilitate.