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In Personam


All available articles by publication date, in chronological order.

September 29, 2021
Does Your Bank Owe You A Quincecare Duty?
Must a bank investigate a customer's order, if it suspects an order to be an attempt to misappropriate funds?

July 8, 2021
Representation Letters in Criminal Practice - Part 2
Representations, especially after your client has been charged.

July 6, 2021
Representation Letters in Criminal Practice - Part 1
What they are, and whether to send them before a charge is made.

June 12, 2021
When A Judge Makes A U-Turn
When judges make careless mistakes, and backtrack, and how this affects advocates.

April 10, 2021
The Disappearance of Wigs in Malaysia
How wigs disappeared from the Malaysian bar and bench.

November 24, 2020
Online Hearings in the Appellate Courts
Malaysian courts can now dispense even with the physical appearance of counsel.

November 23, 2020
A Pupil's Remuneration
Pupils should prioritize learning and growth for the long term first.

November 20, 2020
Campaigning for Bar Council Elections
Bar elections are now contentious, difficult, and political. They must be depoliticized.

November 6, 2020
Malay Language Usage in the Malaysian Courts
The Malaysian courts use English, but are in reality Malay language-first.

October 25, 2020
We Can Pass the Budget Without Emergency Rule
Expediency is no excuse for an emergency.

October 12, 2020
Forget About Clients' Money
Clients' monies are sacred. As proper lawyers, do not touch them, unless instructed.

October 1, 2020
Extensions of Time for Balance Purchase Prices During the MCO
Can extensions of time be granted if the balance purchase price falls due during the MCO period?

June 24, 2020
Late Payment Interest and Terminations
When payments are made late, can you ask for interest?

May 4, 2020
Defiance of the 9 States
The whirling wheels of Malaysian federalism.

April 23, 2020
Live-Streamed Hearings and the Courts of Judicature Act
Are live-streamed hearings compatible with the Courts of Judicature Act 1964?

April 23, 2020
Malaysia's First Livestreamed Court Hearing
Malaysia's first live-streamed court hearing went well. Some suggestions.

April 12, 2020
Tenancy Agreements During COVID-19
Frequently asked questions on tenancy agreements during COVID-19.

April 1, 2020
Can I Terminate A Commercial Contract Without A Termination Clause?
On leaving contracts that do not feature exit clauses.

March 28, 2020
Advocacy for Online Hearings
It is essential for advocates to remind themselves of some of the more important aspects of advocacy.

January 6, 2020
Marriage Story
Don't let 'winning' dictate the process.

January 3, 2020
Git for Legal Practice
Version control for lawyers/advocates and solicitors, and its benefits.

August 7, 2019
The Malaysian Civil Courts - Judgments & Orders, Part 1
On what judgments/orders are, and what they do.

July 24, 2019
Personal Injuries & Death: Winds of Change
9 relevant changes to the Civil Law Act 1956.

July 16, 2019
Choosing Lawyers - By Their 'Specialties' and 'Subspecialties'
Some lawyers go to court, some don't, but all have specific areas of practice.

April 3, 2019
When You Want To Sue But Don't Have Information
A bit on pre-action discovery orders.

March 15, 2019
A Lawyer's Reporting Obligation Under Malaysian Anti-Money Laundering Laws
Lawyers have a responsibility to report money laundering activities.

March 8, 2019
The Malaysian Civil Courts - On Forced Settlements/Mediation
Be careful if a judge forces you to mediate or settle your case outside court.

February 7, 2019
Can A Judgment in Default be Made Against Me?
The types of judgment in default and what to do if you get one.

January 4, 2019

December 27, 2018
Why Must I Pay My Lawyer?
Your lawyer is a professional, who must be paid.

December 2, 2018
Is Your Lawyer An Actual Lawyer?
Check if your lawyer is actually qualified, and registered to practice law.

November 11, 2018
Singing The Song Of Our People
The dignified position of the Malaysian national anthem by law.

October 28, 2018
A Lawyer's New Chapter: How Much?
Crossroads in a legal practitioner's life.

July 8, 2018
The League of Lawyers
Group law practice -- for several firms to come together and work with one another as a group.

June 27, 2018
Pleading for What is Right
Suits and pleadings -- the foundation of cases.

June 8, 2018
Providing Cross-Examination Questions in Advance
Of the practice of asking counsel to supply cross-examination questions in advance.

December 4, 2017
I Beg Of You, Don't Seize My Items
Seizures under the Strata Management Act, and avoiding them.

November 18, 2017
Estate Planning - Of Wills (or Naught)
Planning ahead for the life after - the benefits of having a will.

October 1, 2017
Strata Management Tribunal - Steps To Make And Defend A Claim
Step-by-step guide on making and defending a claim at a strata management tribunal, up until the hearing/negotiation.

August 1, 2017
The Malaysian Civil Courts - Case Managements
Court appearances intended to regulate observance of procedure.

July 27, 2017
The Malaysian Civil Courts - Mentions
The first court appearance in a case.

July 26, 2017
The Malaysian Civil Courts - An Introduction
How lawyers and judges go about their duties in the Malaysian civil courts - the introduction.

June 5, 2017
You Got Served
Our rights to better customer service in restaurants.

June 1, 2017
How Lawyers Publicise Should Not Change
Lawyers ought to be imposed with restrictions when publicising themselves.

May 31, 2017
Time to Sell Ourselves?
On the proposed amendments to the Legal Profession (Publicity) Rules 2001.

March 1, 2017
Property Transactions and Lawyers
You may (and sometimes, may not) need lawyers for property transactions.

February 14, 2017
Demanding a Reply to a Letter of Demand
On the importance of a letter of demand, and the consequences when you fail to reply.

February 7, 2017
A New Home Owner's Tale - Part 1
Follow Daphne as she learns of the joys and sorrows of owning a strata home.

January 27, 2017
The Importance of Land Searches
On the statutory duty of the Registrar of Titles to maintain proper records of land.

January 21, 2017
On Domestic Violence
A brief primer on domestic violence in Malaysia, and its related legislation.

January 16, 2017
Advocates Must Not Use Their Titles In Court
All are equal before the law. And advocates ought to be the first to demonstrate so.

January 16, 2017
Meeting Your Lawyer for a Court Case
A brief guide to meeting and retaining court advocates/lawyers for your matter.

January 10, 2017
Hak-Hak Individu Apabila Ditahan Oleh Polis
Hak-hak/undang-undang yang terpakai apabila seseorang individu di Malaysia ditahan oleh pihak polis.

January 8, 2017
A Bit On Bail
On bail, bailors and the bailability of offences.

January 5, 2017
Tuntutan Kecil Seorang Individu
Senario dan cara membuat tuntutan kecil di mahkamah.

January 2, 2017

December 9, 2016
Is There Bite To The Animals Act 1953?
Animal rights and cruelty to animals under Malaysian law.

July 16, 2016
The Better Approach To Appellate Intervention
More questioning of and by the judiciary themselves.

April 13, 2016
A Malaysian LoyarBurokker in a California Court
Instead of spending time checking out the tourist spots of San Francisco, I spent half a day in the District Court of Northern District of California.

March 10, 2016
Demise of the Solicitor's Lien
On the solicitors' lien, in the era of e-filing.

January 1, 2016
A Child Who Belongs
Custody of children in a divorce scenario.

November 27, 2015
Advocates - On Masters and Their Pupils
Masters must spend time with their pupils.

November 12, 2015
Rudyard Kipling's Ritual - Penned for Engineers
A sober reminder as to the duties of professionals, which advocates may learn from.

November 6, 2015
Steer Me Clear Please
The rights of road users.

October 15, 2015
Sales - That Cheap?
Consumer rights and purchasers.

September 30, 2015
Decisions Must Have Reasons
When judicial decisions cannot be traced to reasoned application of the law.

September 7, 2015
Are You a Serial Litigator?
On vexatious litigants.

July 21, 2015
The Butterfly Effect
Lawyers and publicising themselves.

July 3, 2015
Armed & Dangerous
Provisions under the Corrosive and Explosive Substances and Offensive Weapons Act 1958.

June 15, 2015
Wasn't Love Meant To Be Eternal?
On love, divorce and others.

April 30, 2015
Cut Down Your Issues and Arguments
Issues and arguments are at their best if they can be immediately understood.

April 27, 2015
Swag, Fluff and Pomp
There is little need for posturing.

April 13, 2015
Adversaries in Law
Friends of the court also ought to be friends outside court.

April 8, 2015
How The 'New' Sedition Act Affects Netizens
As with Section 114A, website hosts and Facebook page owners can be held liable. Particularly thorny: comments left by others on your portal.

April 8, 2015
Building A Life
An examination of the Building and Common Property (Maintenance and Management) Act 2007.

March 17, 2015
Malaysian Cyberlaw Cases in 2014
The courts are flooded with interesting cyberlaw cases on various issues. The year saw the controversial Section 114A being invoked more than once.

February 24, 2015
Serves You Right
Subpoenas and orders to attend court.

February 9, 2015
AGM? A Good Moment?
The processes for the Malaysian Bar's annual general meeting.

February 3, 2015
A Child Caught
Things that happen when a child is charged in the Malaysian child's court.

September 27, 2014
Avoid Litigation for Small Estates
Don't litigate when the sums inherited are small.

July 16, 2014
On Preparing Judicial Opinions
A reminder on how to write good judgments.

June 28, 2014
Case Blueprints
On blueprints and case theories.

February 18, 2014
How to Sue the Government
The basic legal principles when challenging the decision of a public authority.

April 16, 2013
GE13 Candidates and 114A
If you run a blog, take note of S. 114A of the Evidence Act 1950 and the Election Offences Act 1954 until and after the 13th General Election.

January 29, 2013
Attention E-Commerce Businesses: Fraud, The Law And You
A new law to protect users of online trading portals goes into effect July 1; operators will have to comply though it costs them.

April 24, 2012
Grave Repercussions for Internet Users
Dissecting the presumption of fact relating to publication in the controversial Evidence (Amendment) (No. 2) Bill 2012.

March 19, 2012
My Neighbour Is Spying On Me
The recognition of privacy rights, its impact to Malaysians, and tests to determine whether there is an invasion.

October 6, 2011
So, You Passed Your CLP
If you decide to practice, some of you would wonder where is the best place to go. This article is to assist those in doubt.

July 3, 2011
Success In Law: Yours For The Taking
Some people start off as accomplished lawyers and others take time -- some people suddenly blossom into good lawyers.

February 21, 2011
Right to Privacy in Malaysia: Do We Have It?
On the right to privacy and invasions thereof, in Malaysia.

November 2, 2010
Quick, Throw Your CDs Away - There's A Roadblock
A comment on the Government's announced plans to amend the Copyright Act 1987 to make it an offence to possess pirated CDs.

September 25, 2010
My First Contested Court of Appeal Hearing
I still remember back then how awesome, massive and dangerous the case appeared to me and how it induced a sense of panic.

July 24, 2010
Of Sunscreen, Blackberries, and Successful Lawyers
On how to be an excellent, ethical and successful lawyer, and the challenges ahead in the profession.

July 14, 2010
My Debut Court of Appeal Appearance for a Leave Application
When an application for leave to appeal in the Court of Appeal came up for hearing, my boss thought it was safe and easy enough for me to handle.

July 21, 2009
About the Preparation of Draft Orders
An analysis and critique of the preparation of a court order as per the the Rules of the High Court 1980, the Subordinate Court Rules 1980 and in practice.

May 29, 2009
How to Avoid the Bankrupt Tag
Ending up as 'prey' or 'innocent victim' in bankruptcy proceedings often stems from a lack of control over one's financial situation.