NAVIGATING THE INTERSECTION OF ARBITRATION AND LITIGATION
17 June ,2024
Explore the delicate balance between court proceedings and arbitration in our latest legal update, focusing on a pivotal case where a request to file a defense leads to a significant legal debate on the appropriate forum for dispute resolution. Gain insights from key cases that define when to push for arbitration over litigation.
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TORT – DEFAMATION
What is Defamation?
When there is a publication of a statement that lowers the reputation of another person.
How many types of defamation and what are they?
Two
What is Libel?
What is Slander?
Methods of interpreting the words in an allegedly defamatory statement?
What is Innuendo?
E.g. “Mr. A is enjoying his honeymoon with Mrs. X, who he married two weeks ago” may not appear to be defamatory in its ordinary meaning. However, if Mr. A is in fact married to someone other than Mrs. X, then the statement about Mr. A could be defamatory by way of innuendo to those who know the true story about Mr. A.
Elements of Defamation
What are the Defences for Defamation?
Factors that Taken into Account by Court in Assessing Damages
Recent Post
NAVIGATING THE INTERSECTION OF ARBITRATION AND LITIGATION
Explore the delicate balance between court proceedings and arbitration in our latest legal update, focusing on a pivotal case where a request to file a defense leads to a significant legal debate on the appropriate forum for dispute resolution. Gain insights from key cases that define when to push for arbitration over litigation.
FAMILY LAW – DIVORCE – REDEFINING SPOUSAL SUPPORT – FINANCIAL INDEPENDENCE IN DIVORCE PROCEEDINGS
A divorce case involving two insurance agents raises crucial questions about spousal maintenance for financially independent women and their shared responsibility in child support. The court will assess each party’s financial capacity and contributions, considering modern principles of gender equality and the ‘means and needs’ test under the Law Reform (Marriage and Divorce) Act 1976.
JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI
This excerpt illuminates the foundational principles of judicial review as outlined in Order 53 of the Rules of Court 2012. It highlights the criteria for challenging public decisions on grounds of illegality, irrationality, or procedural impropriety. Central to the discussion is the question of timing in judicial review applications, particularly in cases of procedural unfairness. The practical scenario underscores the significance of a “decision” by the relevant authority as a prerequisite for locus standi, drawing insights from the case of Hisham bin Halim v Maya bt Ahmad Fuad & Ors [2023] 12 MLJ 714.
CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE
This legal updates explore the principles governing the interpretation of agreements, emphasizing the importance of clarity and unambiguity in contractual terms. It delves into a key issue involving restrictions on remedies for breach of contract, shedding light on the court’s commitment to upholding plain meanings. The illustrative scenario involving shareholders X and Y dissects a pertinent clause, showcasing the delicate balance between restricting remedies and ensuring fairness in legal proceedings.
MANNER TO DELIVER VACANT POSSESSION
Incomplete Utilities in Delivered Property Compensation
TIME’S UP: NAVIGATING THE 12-YEAR LIMITATION
In the intricate dance of land security and loan agreements, the ticking clock of the limitation period cannot be ignored. This excerpt delves into the critical understanding of how the 12-year limitation period, as prescribed by the Limitation Act 1953, plays a pivotal role in the enforcement of property charges in Malaysia. It elucidates the start time of this countdown and its legal implications, providing a comprehensive guide for both lenders and borrowers in navigating these time-sensitive waters.