Before using trust money for a lawsuit, a careful trustee asks the court first.
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Blog , Constitutional Law , English , For Lawyers , Home Featured Articles
Does compulsory motor insurance protect every accident victim? [Part-1/2: Employee exception]
Compulsory motor insurance has a quiet exception — and injured employees often fall through it. Should we change the law?
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In recent years I have appeared in several trial courts: Kuala Lumpur, Shah Alam, Kota Bharu, Kuala Terengganu, and Johore Bharu. My work requires me to appear regularly before the Court of Appeal and the Federal Court. I am happy to report that Malaysian judges are courteous, professional–and to use an old English word, "proper". It was not always this way: several times in my career, I have come across ...
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Can a Pupil in Chambers Argue a Case Before a Magistrate, Before Call?
During pupillage, she may rise and argue before a magistrate. The moment pupillage ends, her voice falls silent — until Call. This is where the two lines fall, and why.
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Why should an innocent passenger pay for the driver’s fault? [Part-2]
She cannot drive. She did not buy the tyres. Yet an insurer says she should pay her father's ninety per cent. The law, and four jurisdictions, say otherwise.
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Can an insurer sue a child for surviving a car crash? [Part-1]
A three-year-old survives a fatal crash. Four doctrines collide. Some lawyers might confuse them. Here is how not to.
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Do We Teach Young Lawyers a Spine and a Conscience — or Just Hand Out Certificates?
Are we asking the right questions about legal training? Malaysia wants to retire the CLP — but the exam, and the training, were never the real danger. It is what we fail to teach.
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Blog , Constitutional Law , English , For Lawyers , Home Featured Articles
The Arm the Law Forgot: When a Crash Destroys a Prosthesis, Should Compulsory Motor Insurance Pay? [or, The RTA and Property Damage]
Who says that a third party victim of an accident, "cannot claim for property damage"? Would the Constitution treat personal injury as different from damage to a victim's property just because a statute ignores constitutional rights?
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Blog , English , For Lawyers , Home Featured Articles , Industries , Uncategorized
Can One Honest Mistake End a Lawyer’s Career—or Just Suspend It?
He touched his client money once; the law’s answer reveals what the profession fears most.
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When Is a Passenger a ‘Third Party’? [Sa’Amran 11/11]
The victim was the insured’s husband, riding to a work audit in his wife’s car. The insurer said the policy did not cover him, sat out the trial’s coverage fight, lost it, and then demanded the victim sue all over again. The Federal Court declined to oblige.
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