Malaysian Litigation Series - Fundamentals Of Running Down And Personal Injury Litigation | 2022

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Malaysian Litigation Series - Fundamentals Of Running Down And Personal Injury Litigation

Author Jeyaseelen Anthony
Publication Date Jun 2022
ISBN 9789672723462
Hardcover + E-Book, 374 pp
Publisher Sweet & Maxwell


Fundamentals of Running Down and Personal Injury Litigation, a new addition to the Malaysian Litigation Series, is an instructional and practical book on the law relating to personal injury and fatal accident claims in Malaysia. It includes information on the evidential parts of running down cases under the Evidence Act 1957, as well as the advocacy and litigation aspects of these types of claims, covering the pre-trial and trial stages.

The pre-trial sections contain helpful hints on how to prepare pleadings and bundles of papers, while the trial section covers the litigation and advocacy components of personal injury law. This article is quite practical in nature, and it covers issues such as litigating a running down case in court, the do's and don'ts of presenting a case, and the leading of evidence and cross-examination of witnesses to prove one's case to the satisfaction of the trial court. In summary, readers will learn how to lay a solid basis for their client's case by improving the trial strategy both before and throughout the trial.

This book adequately covers the evaluation of damages for injuries/losses experienced, which is an important aspect of personal injury practise. There are commentaries on previous case law and the most recent developments in the law, as well as updates on the most recent revisions to the Civil Law Act 1956. The increased interest in concerns involving out-of-court settlements is handled in this book, making it a fairly comprehensive title.

Key Features of Fundamentals Of Running Down And Personal Injury Litigation

  • In-depth examination of malaysian legislation dealing to personal injury and fatal incidents.
  • The evidence act of 1957 provides explicit guidance on the evidence issues of running down cases.
  • Pre-trial advocacy and litigation issues are considered, as well as the trial itself.
  • The amount of damages that can be claimed is described in detail for both personal injury and fatal accident cases.
  • The author discusses insurer liability and settlement procedures.
  • As of february 2022, the law and cases are current.

Table of Contents of Fundamentals Of Running Down And Personal Injury Litigation

1. Liability for Negligence 
2. Preparing for Trial
3. Evidential Aspects in Running Down Cases
4. Proving Negligence in a Running Down Case
5. Examination of Witnesses
6. Quantum of Damages for Personal Injuries
7. Fatal Accidents
8. Appeals on Liability and Quantum of Damages
9. Liability of Insurers
10. Settlements 

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