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Publications & Updates

Grant of Probate vs Letters of Administration: Understanding the Difference

After the death of a family member, one of the first steps in administering the estate is determining whether a Grant of Probate or Letters of Administration is required. The applicable process depends primarily on whether the deceased left a valid Will and whether the appointed Executor is willing and able to act. 1. Grant […]

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Bridging the Information Gap: A Practical Guide To Pre-Action Discovery In Malaysia

Many potential litigants face the same problem: they believe they have been wronged, but do not have the documents, records, or particulars needed to properly commence legal action. For example, a contractor may know that works have been completed but does not have the payment certificates or valuation records. A person may be defamed online

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The Renaissance of Fundamental Liberties: A Comparative Analysis of Judicial Guardianship in the Modern Era

The global discourse on human rights has undergone a profound transformation, moving away from the purely aspirational language of the 1948 Universal Declaration toward a rigorous, enforcement-based judicial reality. In the contemporary era, human rights are no longer mere philosophical constructs; they are the battleground upon which the limits of state power are tested. Across

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

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

  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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Enforcement of Adjudication Awards and Stay Pending Arbitration under CIPAA 2012

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

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

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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Explosion Liability in High-Risk Industries

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

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