by GK Ganesan August 2, 2025
Blog , English , For Lawyers , Home Featured Articles

Are pension fund managers legally accountable for investment losses?

Billions lost, explanations offered, but contributors still left in the dark. While the EPF assures transparency and blames 'global market volatility', the legal world tells a deeper story. Around the world, pension fund trustees have been sued, sometimes successfully. Discover how courts in the UK, US, and Commonwealth nations deliver justice when public and pension funds go astray — and what it means for every Malaysian who contributes.

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by GK Ganesan July 26, 2025
Blog , BM , Constitutional Law , English , For Lawyers , Home Featured Articles , Industries

What is the difference between ‘Questions of Law’, ‘Questions of Fact’ and ‘Mixed’ questions?

Every courtroom dispute hinges on a deceptively simple question: "What exactly are we arguing about?" Yet this fundamental inquiry—whether we are debating what the law says, what actually happened, or how proven facts fit legal standards—can determine the fate of both victims and defendants. The distinction isn't merely academic; it shapes everything from appeal strategies to awards for compensation.

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by GK Ganesan July 13, 2025
Blog , English , For Lawyers , Home Featured Articles

Who guards the Guardians? What happens when the PM has the power to pick judges, but is in conflict?

The PM, the CJ, and other constitutional appointees are all guardians of the Constitution. If one falters, what happens? When a Prime Minister faces a suit in court, yet it is he who must pick the senior judges who will head the judiciary— he is immediately placed in an irreconcilable position of conflict. Three constitutional paths emerge from Malaysia’s deepest democratic paradox. What are they? There is no point in ...

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by GK Ganesan July 13, 2025
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

CJ’s Malta speech defines Democracy: a Government’s legitimacy depends on an Independent Judiciary

Can a judge speak truth about justice without facing negative consequences? Chief Justice Tengku Maimun’s Malta Speech exposed the deepest fractures. It revealed a constitutional cross-road by asking this question: "Will Malaysians choose constitutional rule, or arbitrary power?" What is your answer? It matters.

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by GK Ganesan July 12, 2025
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

The Greatest Judges of All Time: the Titans who defied history

When history called, eleven judges answered: “Here I stand.” From Atkin’s neighbour principle to Dixon’s legalism, from Solomon’s wisdom to Bao Zheng’s integrity, from Abu Hanifa’s reasoning to Ginsburg’s equality crusade—these titans of justice dared to choose courage over comfort, principle over precedent. Their legacy lives in every courtroom where fairness still matters—proof that law can be humanity’s greatest tool for justice.

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by GK Ganesan July 10, 2025
Blog , English , For Lawyers , Home Featured Articles

Has the Federal Court ended the ‘Recovery Action’ and the ‘insurable interest defence’ in Malaysian Motor Insurance Law?

Should innocent accident victims be forced into costly legal battles twice—once against the driver and again, [by what has come to be known as a ‘Recovery Action’] against the insurer? How did Malaysia’s Federal Court in the 2022 Saamran decision demolish 70 years of established insurance practice? How did it revolutionise third-party victim compensation?

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by GK Ganesan June 16, 2025
Areas Of Practice , Blog , Constitutional Law , English , For Lawyers , Home Featured Articles , Politics

Did the Malaysian Federal Court in AmGeneral v Sa’Amran revolutionise motor insurance law? [Saamran: 1/11]

There are more private cars on Malaysia’s roads than there are Malaysians to drive them. In one consolidated judgment of eight appeals, the Federal Court in Sa’Amran rebuilt the law that governs what happens when one of them causes harm — and decided, point after point, that the victim comes first. This is the gateway to a ten-part series.

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by GK Ganesan June 3, 2025
Blog , BM , English , For Lawyers , Home Featured Articles

What Happened During the Malaysian Judicial Crisis in 1988?

In 1988, a tremor rent Malaysia’s halls of justice: an institutional earthquake that cleaved its very bedrock. Constitutional pillars crumbled; and the Beacon that once burned bright for Justice flickered, and then, died. Sacred robes, woven with centuries of honour, lay torn in the rubble. The Unthinkable carved its wound into the very beating heart of the Constitution. Here sleep the lasting memories of those who fell, shields raised against the ...

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by GK Ganesan May 30, 2025
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

Is a prime minister immune from civil suits?

Do you remember an essay I wrote in 2018? The one that argued that a former PM enjoyed no immunity from criminal prosecution? Stand that principle on its head. Is a prime minister immune from a civil suit, [e.g. a suit for breach of contract to buy a property]? What if she did enjoy such an immunity? What would happen?

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