For the first time in 90 years, we are asking the right questions in the right order, especially in personal injury cases. Under s.96(2)(a) RTA 1987, must accident victims themselves notify insurers before commencing proceedings, or does this duty lie elsewhere? This article asks 10 more such questions.
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In ancient Greek myth, Prometheus, a daring Titan, stole fire from Olympus, the abode of gods. He gifted its brilliance to humankind, awakening their minds and spirits. Outraged by this defiance, Zeus resolved to punish mortals. What do you think Zeus did?
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This real-life story is not about one man. It is about an ideal. An ideal that, if followed, would lift the law-and those who serve it-above all doubt.
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Let me recount a story – one that unfolded in the early days of March, 2025. It all happened at a Malaysian government hospital. To say I was moved would be an under-statement.
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"Don't be ridiculous!", is what you would say. Why not? This is because on March 6, 2025, it was reported that Malaysia’s Home Minister could declare any place (including a house) as a 'prison' under sec.3 of the Prisons Act 1995 (the Act). This was meant to – and did spark – a heated debate: could the Home Minister use his discretion to incarcerate a prisoner at a luxurious residence? ...
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The answer is, Yes. The Malaysian Federal Constitution, specifically Article 11(1), read with Art 3(1) and (5), guarantees every individual’s right to ‘profess’, ‘practice’, and, subject to certain laws prohibiting proselytisation to Muslims, to ‘propagate’ their religion. The Constitution therefore guarantees that non-Muslims have the same fundamental right of worship as do our Muslim counterparts. I will all tell you an interesting story at the end.
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The test for a stay of execution in personal injury cases involving the Road Transport Act 1987 (RTA) differs significantly from other civil cases. This essay examines the nuances of this test and addresses several key questions. It concludes that the test is far higher because of the operation of sec. 96(2)(b), read with ss.96(1) and 91(3) of the RTA. The other question is whether the insurer's 'right to intervene' ...
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In Malaysia, the phrase ‘rendered service to the nation’ appears to take on a different meaning, especially when invoked to justify the pardon of a corrupt politician. Odd, isn't it?
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Although the Federal Constitution has established a sound legal system, the machinations of a small group of people compel us to ask important questions. Is it true that the enforcement of the law is being disrupted by three devices: [1], an attack on the prosecutorial process; [2], an attack on the judiciary; and [3], a modification of the pardon process?
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Phineas T. Barnum was the owner of a very popular circus. He once said, “Any publicity, whether good or bad, is good publicity”. Barnum's point was simple: “Nothing is worse than not being talked about”. You might wonder why I quote the owner of a circus. Do you not think that what is happening in Malaysia is nothing more than a huge circus — one that even Barnum himself would ...
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