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.

Read More

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.

Read More

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 ...

Read More

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?

Read More

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.

Read More

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?

Read More

The Promise and the Perils of Artificial Intelligence in Court Work

Artificial Intelligence flows through the hallowed halls of justice as the morning mist—pervasive, transformative, and unstoppable. Courts and lawyers alike should embrace AI — with wisdom, not fear. Frost reminds us, “The best way out is always through.” No machine can ever match the human soul's eternal quest for justice. That fire burns beyond all programming.

Read More