This book is not intended to be a comprehensive legal textbook, as instead of breadth, we have gone in-depth into the areas of civil litigation covered herein. Every chapter starts out with an introduction setting out the scope of law and legal questions addressed within the chapter. The chapters then delve into a discussion of the relevant legislation and landmark authorities, the procedures to be adhered to, as well as what we perceive to be the most pertinent issues surrounding the area. Further, we have endeavoured to provide the reader with as much practical advice as possible, including a Pro-Tip at the end of every chapter, as well as by simplifying complex concepts through summary tables and charts where necessary.

This book has been structured to take the reader chronologically through the litigation path. As such, we begin with topics on cause of action and pleadings, the bedrock of civil litigation. We then address the more common areas, including amendments to pleadings, classification and service of documents, as well as the production of witnesses in court, before concluding with a comprehensive chapter on civil appeals. We have also endeavoured to address less common topics such as producing a prisoner as a witness and commencing proceedings by and against persons with mental disabilities. In line with our goal of incorporating practical advice, there is a chapter on when it is suitable for solicitors to affirm an affidavit on behalf of a client, which we believe is particularly relevant to legal practitioners.

This book is aimed at a broad readership, from law students to pupils-in-chambers, junior practitioners, and as a quick reference for senior practitioners. As such, we have explained and defined basic concepts where appropriate. We have also incorporated cases which we hope will serve as a starting point for more in-depth research. By providing our readers with a solid foundation, we hope to assist in reducing the time spent on legal research.

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About the Authors: 

S. V. Namasoo has been practicing as a sole proprietor under the name of Messrs S. V. Namasoo & Co. since 1.12.1998. He was admitted and enrolled as an Advocate & Solicitor of the High Court of Malaya on 22.8.1987 after obtaining his LLB (Hons) degree from the University of London (External) in 1985 and completing the Certificate in Legal Practice (Hons) in 1986. He also holds a Bachelors of Economics (Hons) degree from University of Malaya which he obtained in the year 1980 and pursuant to that worked in the Malaysian civil service for 5 years before beginning his journey as a lawyer. S. V. Namasoo is also an accredited Mediator with the Malaysian International Mediation Center.

While pursuing his legal career, he organised classes as well as taught and tutored students for the Bachelors of Laws degree under the University of London external programme as well as for the Certificate in Legal Practice in Ipoh from 1986 until 1998. He has also contributed to several legal publications such as the Law Review and Insaf, writing on various areas of the law including how the Financial Services Act 2013 affected declaratory proceedings in road traffic accident claims and the issues surrounding the financial threshold for leave to appeal to the Court of Appeal.

In his almost 40 years of practice, his work has centered around litigation with a specialisation in personal injury claims. He also handles general civil disputes involving the administration of estates, divorce, contract and commercial law as well as conveyancing matters and has appeared at all levels of the Malaysian courts.

Sangitha Namasoo holds an LLB (Hons) from The University of Manchester and was called to the Bar of England and Wales by the Honourable Society of Gray’s Inn in November 2018 after completing the Bar Professional Training Course. She also holds an LLM in Legal Practice (Barristers) from BPP University.

Upon returning to Malaysia and completing pupillage, Sangitha was admitted and enrolled as an Advocate & Solicitor of the High Court of Malaya in October 2020. Since then, her areas of practice have included general civil and commercial litigation and she has assisted senior counsels at all levels of the Malaysian courts.

Sangitha also holds an MBA (Strategy) from the Edinburgh Business School, Heriot-Watt University and recently became an accredited Mediator with the Malaysian International Mediation Center.

Sangitha is currently a senior legal associate with Messrs S.V. Namasoo & Co.