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A Separate Head of Damage: Aggravated Damages in Medical Negligence Cases

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  Introduction As established in Rookes v. Barnard [1964] AC 1129, aggravated damages may be awarded when the manner of tort results in injury to the plaintiff’s dignity, self-respect, or emotional well-being, particularly considering the motive or conduct of the tortfeasor. In the context of medical negligence, the Federal Court’s decision in Dr Hari Krishnan …

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Engagement with UKM Faculty of Law

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Our Partners Mr Sathiesh K Purushothaman and Mr Mohd Amierul Sharafi Shaharizan, visited the Faculty of Law, Universiti Kebangsaan Malaysia (UKM) on 2 April 2026 to strengthen institutional ties and explore avenues for collaboration. The visit included discussions on student development and industry engagement, as well as a tour of the faculty’s facilities. VSI is …

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Dealing with Property of a Deceased Person Under Malaysian Law: With and Without a Will

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  Once appointed, the personal representative must register transmission at the land office. Transmission is the process by which the land office formally recognises the personal representative’s authority to act on the property. Only after transmission can the property be legally transferred to a beneficiary or sold to a purchaser. Any attempt to deal with …

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Conference on Innovative Conveyancing – Law, Practice, Pitfalls and Future Trends

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The Johore Bar Corporate & Conveyancing Sub-Committee (“CCSC”) hosted the Conference on “Innovative Conveyancing – Law, Practice, Pitfalls and Future Trends” on 24 January 2026. The conference provided a platform for knowledge-sharing among legal practitioners, the judiciary, and regulators. Our partner, Mr Saravanan Krishnan, Chairperson of the CCSC, delivered the Welcoming Remarks, setting the tone …

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Enforcement of Adjudication Awards and Stay Pending Arbitration under CIPAA 2012

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1. Statutory Framework  Under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”), an adjudication decision is given “temporary finality”. In other words, it is binding and enforceable immediately, subject to limited statutory challenges. Section 13 of CIPAA provides that an adjudication decision is binding unless: It is set aside by the High Court …

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High Court Confirms Developers’ Obligations to Purchasers

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The High Court has allowed a claim brought by apartment owners against a developer arising from the absence of a promised rooftop garden, awarding damages of RM3 million. This decision underscores the importance of accountability in property development and affirms that purchasers are entitled to rely on the representations made to them. It is a …

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Federal Court Grants Leave to Appeal to Decide on the Issue of Liability Relating to Doctrine of Corporate Veil

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The Federal Court has granted leave to appeal on a significant question of law concerning the doctrine of lifting the corporate veil. The High Court allowed our clients’ claim, however on appeal, the Court of Appeal reversed the finding, holding that the corporate veil cannot be lifted to impose liability on a separate corporate entity. …

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