Fundamentals of Running Down and Personal Injury Litigaton
A new addition to the Malaysian Litigation Series, Fundamentals of Running Down and Personal Injury Litigation is an instructive and practical book on the law relating to personal injury and fatal accident claims in Malaysia. It contains content on the evidential aspects of running down cases pursuant to the Evidence Act 1957 and more importantly the advocacy and litigation aspects of these types of claims including the pre-trial and trial stages of the cases.
The pre-trial aspects cover useful tips on preparing pleadings and bundles of documents while the part on trial considers the litigation and advocacy aspects of personal injury practice. Very practical in nature, this publication covers topics like litigating a running down case in court, the do’s and don’ts when presenting a case as well as the leading of evidence and the cross-examination of witnesses to prove one’s case to the satisfaction of the trial court. In short, readers are given useful guidance on how to build a strong foundation for their client’s case in terms of strengthening the trial strategy both pre-trial and during trial.
The assessment of quantum of damages for injuries/losses sustained which form a major part of personal injury practice is adequately covered in this book. Commentaries on past case law and the latest development of the law are included as well as updates in relation to the latest amendments to the Civil Law Act 1956. The growing interest in issues surrounding settlements out of court is pertinently addressed to make this a very comprehensive title.
- Comprehensive coverage on the law relating to personal injuries and fatal accidents in Malaysia.
- Provides clear guidance on the evidential aspects of running down cases pursuant to the Evidence Act 1957.
- Considers the advocacy and litigation aspects pre-trial and dring trial proper.
- Quantum of damages claimable is discussed at length covering both personal injury and fatal accident claims.
- Discusses the liability of insurers and the conduct of settlements.
- Law and cases are current as of February 2022.
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