Description
This publication provides comprehensive and detailed exposition of the law governing the conduct of appeals in civil and criminal matters. It considers all practical issues faced by the litigator in conducting an appeal. The procedural requirements are analysed in depth to clarify the multitude of technicalities inherent in appellate practice. An essential reference for both civil and criminal appellate practice in Malaysia, it provides thorough and well-researched guidance for successful practice in appellate litigation.
This edition has been extensively revised and updated to include the recent statutory amendments to the Rules of Court 2012, the Rules of the Court of Appeal 1994, the Rules of the Federal Court 1995, the Courts of Judicature Act 1964 and the Criminal Procedure Code as well as case law relevant to appeals over the past seven years since the third edition.
This is the one and only book in Malaysia which covers the appellate practice and procedure in both civil and criminal appeals annexed with relevant ancillary materials for the handy reference of busy court advocates.
Highlights of this edition
- Step-by-step examination and explanation of the processes in both civil and criminal appeals in a practical manner.
- Fully up-to-date incorporating the latest statutory amendments and key case law.
- Clear and insightful discussion of appellate practice and procedure supplemented with convenient checklists.
- Valuable collection of sample documents revised and updated particularly on Application for Review in the Court of Appeal and the Federal Court (to review the decision refusing leave to appeal by a single judge and to review the decision of a previous Panel).
- Discussion on the appealability of an interlocutory decision.
- Practical consideration of the technical matter of the proper approach for the filing of notice of appeal or cross-appeal against multiple orders in the same action.
- Discussion on the court’s duty to give reasons for its decision.
- Consideration of the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 and the Abolition of Mandatory Death Penalty Act 2023 in the context of a criminal appeal at the apex court.
- Brief Note on Appellate Advocacy and Appellate Jurisdiction of the Highest Appellate Court in Other Countries.
- Extracts of updated statutory provisions relevant for appeals.
Contents
Part A – Civil Appeals
1. Appeal from the Subordinate Courts to the High Court
2. Appeal from Certain Decisions of the Registrar of the High Court to the High Court Judge in Chambers
3. Appeals to High Court under Written Law
4. Appeal from the High Court to the Court of Appeal
5. Appeal from the Court of Appeal to the Federal Court
6. Interference by Appellate Court
7. Stay of Execution Pending Appeal
Part B – Criminal Appeals
8. Appeal from Subordinate Courts to the High Court
9. Revisionary Powers of the High Court
10. Appeal from the High Court to the Court of Appeal
11. Appeal from the Court of Appeal to the Federal Court
Appendices
•Appellate Advocacy
•Sample Documents for Civil and Criminal Appeals
•Practice Directions for Appeals
•Extracts of Legislation for Appeals
•List of Filing Fees
•Appellate Jurisdiction of the Highest Appellate Court in Other Countries
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