Is the test for a stay of execution in personal injury cases, different?

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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Are We Witnessing a Barnum circus in Malaysia?

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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Could the King – or the Pardons Board – insert an Addendum into a Pardon?

The answer is, No. Why? Since the Najib saga began, the Addendum has been, in Churchill’s words, “a riddle wrapped in a mystery inside an enigma”. In my opinion, the key reasons are: [1]: Pardons cannot be granted ‘in instalments’. [2]: Accepted rules of constitutional interpretation do not at all point to any 'House Arrest' orders (a new Act of parliament is required for that!); and no precedent exists. [3]: ...

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