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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Did the Malaysian Federal Court in AmGeneral v Sa’Amran revolutionise motor insurance law?

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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Nine judges, two years, one crisis: Malaysia’s path between Judicial collapse and Constitutional Renewal

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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Can you trust your land title? The hidden dangers you must know, before you lose everything…

“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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The Jurisprudential Revolution: How the Ten Principles in Mohamed Fayadh transformed sec.96(2)(a) RTA 1987

For the first time in 90 years, we are asking the right questions in the right order, especially in personal injury cases. Under s.96(2)(a) RTA 1987, must accident victims themselves notify insurers before commencing proceedings, or does this duty lie elsewhere? This article asks 10 more such questions.

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Do Malaysian non-Muslims have the fundamental right to worship?

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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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 seeing a dilution of the prosecutorial system in Malaysia?

Although the Federal Constitution has established a sound legal system, the machinations of a small group of people compel us to ask important questions. Is it true that the enforcement of the law is being disrupted by three devices: [1], an attack on the prosecutorial process; [2], an attack on the judiciary; and [3], a modification of the pardon process?

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