MEDICAL NEGLIGENCE – WHEN SILENCE HURTS: COURT SLAMS GOVERNMENT WITH RM2M+ IN AMPUTATION NEGLIGENCE SUIT
In L/Kpl Naraayanan Nair a/l Subramaniam v Kerajaan Malaysia & Ors [2025] 8 MLJ 503, the High Court delivered a landmark ruling in a medical negligence suit involving a young police corporal who lost his arm due to delayed and negligent treatment. Citing emotional trauma, denial of timely access to medical records, and ongoing life-altering consequences, the court awarded over RM2 million in damages – including RM200,000 in aggravated damages – this shows the judiciary’s increasing emphasis on dignity, transparency, and rehabilitative justice in personal injury claims.
SHIPPING – ADMIRALTY IN REM – ANCHORED BUT NOT ADRIFT: REDEFINING “SHIP” IN ADMIRALTY JURISDICTION
The Singapore High Court in Vallianz Shipbuilding & Engineering v Owner of the Vessel ‘Eco Spark’ [2025] 1 Lloyd’s Rep 195 clarified the definition of a ‘ship’ under admiralty jurisdiction. Despite conversion into a stationary floating fish farm, the vessel retained its status as a ship due to its inherent navigational capability, significantly broadening the scope of admiralty law.
TORT OF NEGLIGENCE – STRATA MANAGEMENT – HOLDING DEVELOPERS ACCOUNTABLE FOR DEFECTS – A WIN FOR CONDO OWNERS!
The decision in Badan Pengurusan Bersama Subang Parkhomes v Zen Estates Sdn Bhd (Fadhlullah & Associates Consulting Engineers Sdn Bhd) [2025] 7 MLJ 780 emphasizes developers’ clear duty of care toward condominium residents, reinforcing their responsibility to properly rectify defects. It highlights the essential role developers play in ensuring quality and compliance, protecting residents from bearing unnecessary financial burdens arising from poorly completed projects.
ANCHORED IN CONTROVERSY: M/T AFRA OAK AND THE COST OF NAVIGATIONAL NEGLIGENCE
The English High Court’s decision in the M/T Afra Oak [2024] 2 Lloyd’s Rep 609 case sheds light on the delicate balance between following charterer instructions and exercising good seamanship. Anchoring in prohibited waters led to the vessel’s detention and highlighted the importance of complying with local and international maritime laws, such as UNCLOS. This ruling serves as a cautionary tale for operators in Malaysia and the region, emphasizing clear communication, legal compliance, and proactive risk management in high-traffic zones like the Straits of Malacca.
TORT – BREAKING CONFIDENTIALITY – COURT CRACKS DOWN ON INSIDER LEAKS AND CORPORATE CONSPIRACY
In a recent ruling on corporate confidentiality, the court held two former employees liable for disclosing sensitive business information to a competitor, deeming it a breach of both employment contracts and fiduciary duties. This case highlights the serious consequences of unauthorized sharing of proprietary data and reinforces that such disclosures can lead to substantial legal and financial repercussions, even for the receiving parties if they knowingly benefit from confidential information.
TORT – DEFAMATION
Things you should know about Defamation
TORT LAW – PASSING OFF – UNREGISTERED – TRADE MARK – INFRINGEMENT
Protection for unregistered trade marks infringement.
TORT LAW – DEFAMATION – POLITICIANS – PARLIAMENTARY PRIVILEGES – IMMUNITY FROM PROSECUTION
Defamation – Parliamentary proceeding is protected by absolute privilege
TORT – DEFAMATION
Things you should know about Defamation. In this article we’ll be talking about Libel, Slander, Innuendo, and elements of defamation.
CARPARK MANAGEMENT – LIABLE FOR CAR THEFT – CARPARK
My car was stolen in a carpark with automated barricade system. Is carpark managements liable for negligence?
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