Publications & Updates

  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 …

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

  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 …

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

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 …

Enforcement of Adjudication Awards and Stay Pending Arbitration under CIPAA 2012 Read More »

Industrial explosions have a way of revealing truths that often stay hidden during normal operations. A spark can ignite in a matter of seconds, exposing every flaw in safety planning, oversight, and legal accountability. After the smoke clears, there will be a financial and legal reckoning in addition to a physical cleanup. The question then …

Explosion Liability in High-Risk Industries Read More »

Whether a judge may direct another lawyer from the same firm to appear in court in the absence of the principal counsel is a professionally sensitive and legally challenging issue. It stands at the intersection of the court’s natural jurisdiction to regulate its own operation and the professional duties and independence of the advocate towards …

Not Just Any Lawyer Will Do: Trial Fixing and the Right to Counsel of Choice Read More »

Urban renewal has become an increasingly important policy agenda in Malaysia as the nation grapples with the challenges of aging buildings, abandoned projects, and declining urban spaces. The Urban Renewal Bill 2025, tabled for its first reading in the Dewan Rakyat on 21 August 2025, represents a significant legislative milestone. It introduces a comprehensive legal …

The Future of City Redevelopment: Understanding Malaysia’s Urban Renewal Bill 2025 Read More »