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LEGAL UPDATES – BILLS OF LADING – SWITCH BILLS – ONE YEAR UP, CLAIM STILL ALIVE? HIGH COURT EXAMINES THE HAGUE RULES TIME BAR
Can a cargo owner introduce new claims after the Hague Rules' one-year limitation period has expired? In Perfect Marine Ltd v Sodrugestvo Turkey Tarim Tasimacilik Ithalat Ihracat Ticaret AS & Ors [2026] 2 Lloyd’s Rep 72…
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LEGAL UPDATES – BAREBOAT CHARTER – CONTRACT FORMATION – PATIENCE IS NOT DEBT FORGIVENESS: RESTRUCTURING TALKS DO NOT ERASE PAYMENT OBLIGATIONS
Does allowing a debtor more time mean giving up the right to payment? In Ocean Clap Shipping Ltd v Global Offshore Services BV [2026] 2 Lloyd’s Rep 43, the English Commercial Court held that tolerating unpaid hire and…
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LEGAL UPDATES – BILLS OF LADING – EXCLUSIVE JURISDICTION – I NEVER SAW THE TERMS’: CARGO RECEIVER STILL BOUND TO SUE IN ENGLAND
Can a cargo receiver avoid a shipping contract’s chosen court because it never saw the full terms? In MSC Mediterranean Shipping Co SA v Interglobal Technologies Ltd [2026] 2 Lloyd’s Rep 24, the English Commercial Court…
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LEGAL UPDATES – SHIP COLLISIONS – HEAD-ON OR CROSSING? A SMALL TURN DOESN’T CHANGE THE RULES
Does a slight change of direction change which collision rule applies? In Monford Management Ltd v Afina Navigation Ltd [2026] 2 Lloyd’s Rep 1, the English Court of Appeal held that once the head-on rule applies, it…
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LEGAL UPDATES – ARBITRATION – FOREIGN TORT CLAIMS, SAME ARBITRATION DEAL: COURT UPHOLDS ANTI-SUIT INJUNCTIONS
Can foreign tort claims sidestep an agreed arbitration clause? In JP Morgan Securities plc & Ors v VTB Bank PJSC [2026] 2 Lloyd’s Rep 61, the English Court of Appeal upheld anti-suit injunctions restraining VTB’s Russian…
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LEGAL UPDATES – PUBLIC LAW – SEIZURE OF VEHICLES – LAND PUBLIC TRANSPORT ACT – SEIZE YES, HOLD INDEFINITELY NO: DETENTION BEYOND ONE MONTH UNLAWFUL
Can JPJ continue holding a seized vehicle simply because the initial seizure was lawful? In Stark Holdings Inn Bike Leasing Pte Ltd v Pengarah Jabatan Pengangkutan Jalan Negeri Johor [2026] 10 MLJ 734, the High Court…
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LEGAL UPDATES – INSOLVENCY – WINDING UP – RIGHT OF SET-OFF – SET-OFF SURVIVES LIQUIDATION: A BANK’S CONTRACTUAL RIGHT PRESERVED UNDER S 526
Does a winding-up order automatically stop a bank from setting off money in the company's account against an outstanding loan? In Keluarga Utama Sdn Bhd (in liquidation) v Public Bank Bhd [2026] 10 MLJ 651, the High…
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LEGAL UPDATES – TORT – DEFAMATION – SOCIAL MEDIA – WANT YOUR MONEY BACK? SUE, DON’T SHAME: HIGH COURT WARNS AGAINST SOCIAL MEDIA DEBT COLLECTION
Can you publicly shame someone on social media to recover an alleged debt? In Abdul Kadir bin Hj Sheikh Fadzir v Aliff Syukri bin Kamaruzaman [2026] 10 MLJ 582, the High Court held that wanting to recover a debt is no…
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LEGAL UPDATES – TORT – NEGLIGENCE – BRAKES FAILED, VEHICLE DISPOSED: SOCAR HELD 90% LIABLE
What happens when a rental car’s brakes suddenly fail? In SOCAR Mobility Malaysia Sdn Bhd v Gobalan a/l Arumugam & Ors [2026] 10 MLJ 541, the High Court held that a commercial car-sharing operator owes a direct…
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LEGAL UPDATES – BANKING – CREDIT CARD – SHARED YOUR OTP ACCESS? DON’T BLAME THE BANK: HIGH COURT LIMITS QUINCECARE DUTY
Can a cardholder blame the bank for disputed transactions after voluntarily giving a third party control over the OTP authentication process? In Noor Farekh bt Mohamed Kassim v Bank Kerjasama Rakyat Malaysia Bhd [2026]…
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LEGAL UPDATES – CIVIL PROCEDURE – MAREVA INJUNCTION – FRAUD ALLEGED, ASSETS SAFE: WHY A STRONG CASE ALONE WON’T GET YOU A MAREVA INJUNCTION
Can allegations of fraud and dishonesty justify freezing a defendant’s assets before trial? In Sim Kwang Kai, Adrian v Johnathan Wong Futt Po [2026] 10 MLJ 642, the High Court held that they are not enough. Although the…
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LEGAL UPDATES – ROAD TRAFFIC – DRINK DRIVING – BREATH TEST PROCEDURE – OVER THE LIMIT, BUT PROCEDURE MATTERS: HIGH COURT UPHOLDS DRINK-DRIVING ACQUITTAL
Can a driver be acquitted despite a breath analysis showing alcohol levels far above the prescribed limit? In Public Prosecutor v Sanjay Kumar a/l Selvakumaru [2026] 10 MLJ 665, the High Court upheld the acquittal…
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LEGAL UPDATES – STRATA MANAGEMENT – INTER-FLOOR LEAKAGE – DAMAGES – WATER FROM ABOVE: OWNER LIABLE FOR INTER-FLOOR LEAKAGE UNDER THE SMA
Who is responsible when water from an upstairs condominium unit damages the unit below? In Leng Wie Mun v Saeed bin Ali Magad [2026] 10 MLJ 370, the High Court found the upper unit owner liable after the evidence…
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LEGAL UPDATES – STRATA MANAGEMENT – MAINTENANCE CHARGES – MIXED DEVELOPMENT – ONE SIZE NEED NOT FIT ALL: DIFFERENTIATED MAINTENANCE CHARGES UPHELD
Can a JMB charge different maintenance rates within the same development? In Suntharalingam a/l V Veluppillai & Ors v Icon City JMB & Ors [2026] 10 MLJ 772, the High Court held that it can. In a mixed development where…
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LEGAL UPDATES – TORT – MEDICAL NEGLIGENCE – HOSPITAL LIABILITY – HOME CARE TRAGEDY: HOSPITAL AND DOCTORS CLEARED OF LIABILITY AFTER DISCHARGE
In Yong Har Leng v Pantai Medical Centre Sdn Bhd & Ors [2026] 9 MLJ 857, the High Court dismissed a medical negligence claim arising from a patient’s death after discharge into private home nursing care. The Court held…
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LEGAL UPDATES – TORT – MEDICAL NEGLIGENCE – QUANTUM OF DAMAGES – GRIEF IS NOT A GROUND FOR A HIGHER AWARD IN BIRTH INJURY CASES
Can damages be increased simply because the consequences of medical negligence are tragic? In Kerajaan Malaysia dan lain-lain v Nirwana Tamba [2026] 10 MLJ 24, the High Court held that they cannot. Although the plaintiff…
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LEGAL UPDATES – CONTRACT – BREACH – LEGITIMATE EXPECTATION – HOPE IS NOT A CONTRACT: COURT REJECTS CLAIM BASED ON LEGITIMATE EXPECTATION
Can a party recover millions based on an expectation that a business relationship would continue? In Shapers International Sdn Bhd & Ors v Halal Industry Development Corp Sdn Bhd & Anor [2026] 10 MLJ 58, the High Court…
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LEGAL UPDATES – TORT – PASSING OFF – INTERIM INJUNCTION – NO TRADEMARK? NO PROBLEM: COURT PROTECTS RESTAURANT’S GOODWILL FROM COPYCATS
Can a business protect its brand without a registered trademark? In Golden Damascus Diversifies Sdn Bhd v Aroi Thai Kitchen (Puncak Alam) Sdn Bhd [2026] 10 MLJ 97, the High Court held that it can. The Court granted an…
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