This work will ensure that practitioners and insurers have all the information and guidance they need to assess the risk of a case in a practical and effective way and learn to develop strategies to identify and manage risk in litigation. It covers the law and principles of conditional fee agreements as well as considering the insurance and funding aspects.
| Categories: | Civil Litigation, Practice & Procedure, Insurance Law |
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Published: Oct 2022
ISBN: 9789672723707
Format: DUO (Hardcover + e-Book)
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Malaysian Litigation Series: Disclosure
RM216.00Civil proceedings in Malaysia are adversarial in nature with an impartial judge or panel of judges discharging the unenviable task of attempting to determine the truth in making an order or passing judgment. In prosecuting or resisting a claim, it is the role and obligation of parties to discharge their respective legal and evidential burden of proof by presenting or disputing the facts and evidence. To ensure the fair and efficient functioning of this system, compulsory disclosure plays a crucial part.
This book sets out the applicable law and procedure relating to disclosure in Malaysia, providing a comprehensive but succinct reference on this important area of civil litigation. It clearly states the law derived from the relevant legislation, case law and the practice of the court.
Its thorough coverage discusses the law pre-action, the legal principles and procedure during action as well as discovery post-judgment. Separate chapters are devoted to important matters like third party discovery, objections to disclosure and inspection, interrogatories, further and better particulars and witnesses. The specific consideration of discovery in companies, partnerships, agency and arbitration further adds depth to the coverage of this book.
Civil litigators, judges and judicial officers will find this book invaluable for its illuminating treatment of this key aspect of litigation in Malaysia.
Key Features
- Clear and detailed commentary on substantive law, practice and procedure, all concisely, plainly and clearly written.
- First point of reference on the topic. Useful for practitioners on the go, as well as academics.
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- Discusses the nuances of the usual tools of disclosure and explores those less commonly utilised.
- Instructive practical recommendations and court forms & precedents by authors who are experienced advocates and solicitors of the High Court of Malaya.
Table of Contents
- Introduction
- Pre-Action Discovery
- Discovery and Inspection of Documents I: Legal Principles
- Discovery and Inspection of Documents II: The Procedure
- Third Party Discovery
- Objections to Disclosure and Inspection
- Interrogatories
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- Real Evidence
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CIVIL TRIALS GUIDEBOOK
RM295.00Preface: As the title of the book “Civil Trials Guidebook”, suggests, it is intended to serve as a quick reference guide to civil procedural matters. It is meant for legal and judicial officers, legal practitioners and law students. Others interested to know the workings of civil litigation may find it useful as it is written in simple language.
The civil procedural process has undergone significant changes recently. The Rules of High Court 1980 and the Subordinate Courts Rules 1980 have been replaced by the combined rules known as the Rules of Courts 2012. For example, under the new Order 34, Judges have a greater say in case management. Judges are now empowered to direct parties in suitable cases to attempt mediation before proceeding to a full trial. These and other changes are highlighted in this book.
This book comprises 42 chapters. It has addressed all the essential civil procedure topics and also some non-procedural topics such as defamation and personal injury claims. However the information contained in this book is not exhaustive. It is hoped that improvements will be made in future editions of this book. It must however be emphasized that the views expressed in this book do not necessarily reflect the official position. -
THE LAW OF COSTS IN CIVIL PROCEEDINGS, 2ND EDITION
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NEW IN THIS EDITION:
- Updated to cover the provisions of the Rules of Court 2012
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BULLEN & LEAKE & JACOB’S PRECEDENTS OF PLEADINGS 19TH EDITION
ALL PRICES ARE SUBJECT TO CURRENCY FLUCTUATION. PLEASE CALL IN FOR PRICES.
Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice.
Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases
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Contains example claims and defences
Provides specific practical guidance backed up by legislative and case law developments on each precedent
Written by an expert team of over 60 barristers
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Air Navigation Order 2016 and Air Navigation (Amendment) Order 2019 (drones)
Consumer Rights Act 2015
Damages for Bereavement (Variation of Sum) (England and Wales) Order 2013
Data Protection Act 2018 & Regulation (EU) 2016/679 (“the GDPR”)
Electronic Presentment of Instruments (Evidence of Payment and Compensation for Loss) Regulations 2018 (SI 2018/832)
Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (SI 2019/632)
Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (SI 2018/1253)
Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (SI 2018/135)
Insurance Act 2015
Intellectual Property (Unjustified Threats) Act 2017
Mortgage Credit Directive Order 2015 (SI 2015/910)
Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634)
Payment Services Regulations 2017 (SI 2017/752)
Policing and Crime Act 2017
Small Business, Enterprise and Employment Act 2015
Taking Control of Goods Regulations 2013 (SI 2013/1894); Taking Control of Goods (Fees) Regulations 2014 (SI 2014/1)
The Pubs Code etc. Regulations 2016 (SI 2016/790)
Third Parties (Rights against Insurers) Act 2010
Trade Union Act 2016
Trade Secrets (Enforcement etc) Regulations 2018 (SI 2018/597)








