Q: What is an offer to settle? A: The common law origin of offer to settle is known as the “Calderbank offer”, named after the case of #Calderbank v Calderbank. An offer to settle occurs when a party offer an out of…
Category: CIVIL LAW & PROCEDURES
[Member] Small Claims Procedure
Small Claims Procedure is an alternate manner of resolving disputes which allows any individual to commence a legal suit. As pointed out by the court in Wee Nai Li v Sarawak Bank Employees Union (2012) LNS 872, the purpose of…
Things you should know about Letter of Demand
What is a Letter of Demand? A Letter of Demand (or an LOD as it is widely known in the legal fraternity) is essentially a letter that is sent to a potential defendant demanding for a certain remedy to be…
Things to Know about Security of Costs in Malaysia
What is a security of cost? A defendant who is engaged in litigation, but feels the claimant may be unable to satisfy any costs order made against him may, in certain circumstances, apply to the court for an order for…
Subpoena in Malaysia
I’ve been Subpoenaed ! What is a Subpoena? A subpoena is issued by the Court at the request of parties in civil proceedings to compel a person to attend Court as a witness. Here, the witness will be required to…
Mareva Injunctions
What are Mareva Injuctions? A Mareva injunction is a court order which temporarily restrains the party being sued (defendant) from disposing of his/ her assets until the determination of the case between the suing party (plaintiff) and the defendant. The…
12 Important Rules of Court Amendment 2020
ORDER 1 RULE 4 Court is able to practice “remote communication technology” ORDER 10 RULE 1 Electronic communication is a new mode for service of Writ and Statement of Claim ORDER 33A Any hearing and/or trial may be conducted online…
Points to take note with regards to the summary disposal of a case (Civil)
Do you know that if you file a civil suit in the Court and if you have reasonable grounds to believe that the opponent doesn’t have a valid claim or a valid defense, you may try on applying an interlocutory…
Updates With Regards To Online Proceeding in High Court
Due to the COVID-19 Pandemic, most of our daily activities are to be digitalised such as more and more small medium enterprise are using e-wallets as an alternative of using cash, to sell their products online instead of having physical…
Do You Know That You Can Sue Your Debtor In Court By Yourself?
Do you ever face in situations where you have monetary dispute with an individual to claim back a small amount and you don’t feel like appointing a lawyer to claim back the money? Do you know that you can actually…
[Member] Different Standard Of Proof In Criminal Law And Civil Law
Have you ever wondered the difference between Criminal Law and Civil Law? Criminal law is a type of a public law where it usually involves the government against the individual who commits a crime and is being charged in court…
What Should You Do When You Receive Legal Documents From A Law Firm?
Imagine a scenario Mr. X is a business man where he has a certain contractual dispute with Y Enterprise and Y Enterprise hired Z & co issue a Notice of Demand to Mr. X. Another scenario is that Y Enterprise…
Things You Need To Know About Prohibitory Order
What is Prohibitory Order? s334 National Land Code defines Prohibitory Order as: -an order by a court -made to prohibit a judgement-debtor from dealing in his land -so as to enable the judgement creditor to apply for an Order for…
What Is An Injunction And When Is It Used?
An injunction is a court order that requires a party either: To do a specified act; OR To refrain from doing a specified act. Generally, the common situation where injunctive relief is sought is where a party commits a wrong,…
[Member] How to Recover Debt When Someone Owes Me Money?
Debt recovery is a process of seeking payment from individuals/businesses when the amount payable is due but remains unpaid. Option 1: Court Action Step 1: Issue a letter to demand to your debtor to serve as a reasonable notice…
[Premium Member] Case Update: Conversion out of Islam MUST be decided by Syariah Court only
“APOSTASY” means the formal abandonment or renunciation of a religion by a person, for example, to convert from Islam to Christian. In strict religious sense (hudud law), the punishment for apostasy is death, but luckily this is not enforced in…
Right To Take Away Your Malaysian Identification Card
Have you ever had somebody asking you whether you should provide and/or surrender your Identification Card for i.e security purposes at guarded neighbourhoods/communities?
Sureties and Administration Bond
Sureties and administration bond only applies to deceased who leave estate without a will or with a will but there is no appointment of executor and/or administrator.
5 Important Facts to Know About the Importance of Legal Correspondences
Many agreements these days are tied up by a series of legal correspondences (instead of a contract). The contents of letters, i.e. stating relevant important terms & conditions intended to be committed by parties and if they are signed by…