Step into the Court of Appeal on a busy day. Fifteen or more leave applications, each one dragging on—an hour gone with every hearing. Judges listen, counsel argue, yet somehow the essentials get lost in the shuffle. Is there a better way?
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Is Malaysia still a land where everyone stands equal before the law? Or have powerful hands quietly reshaped our justice system to favour the few?
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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 ‘Recover Action’] against the insurer? How did Malaysia’s Federal Court in the 2022 Sa' Amran decision demolish 70 years of established insurance practice? How did it revolutionise third-party victim compensation?
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Private cars on the road outnumber the entire population. Malaysia's Federal Court made a landmark decision in AmGeneral v Sa'Amran. That decision changed motor insurance law completely. The court ruled that protecting accident victims matters more than business interests. Millions of road users now have better protection. This is a manifestation that Malaysia's Federal Court has returned to the highest Commonwealth legal standards.
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Malaysia's judiciary teeters on the brink. An institutional crisis looms—potentially as devastating as 1988's judicial catastrophe—threatening constitutional governance and the rule of law itself. Nine Federal Court judges departing within two years represents far more than administrative upheaval: it's a catastrophic haemorrhaging of judicial wisdom, precisely when institutional memory matters most. We should never have come to this pass. Left unchecked, this depletion spells disaster for the nation. Which path will Malaysia ...
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“The earth does not belong to us; we belong to the earth.” [Ted Perry, 1971]. Land scams multiply at the speed of a virus. It has many faces. It spreads silently. It strikes without warning. And by the time you realise it, it has destroyed lives. How can you protect yourself? What red flags point to scams?
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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.
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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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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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