Malaysian Litigation Series - Disclosure (PreOrder - Coming Soon)

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Malaysian Litigation Series - Disclosure

Author Tan Shang Neng; Clinton Tan Kian Seng; Dinesh Nandrajog; Nimalan Devarajaread
Publication Date Aug 2022
ISBN 9789672723561
Format
Hardcover + Ebook , 270 pp
Publisher Sweet & Maxwell

 

In Malaysia, civil processes are adversarial in nature, with an impartial judge or panel of judges assigned the unpleasant duty of making an effort to ascertain the truth in issuing an order or passing judgement. It is the responsibility and role of the parties to satisfy their respective legal and evidential burdens of proof when pursuing or opposing a claim by providing or contesting the relevant facts and evidence. Compulsory disclosure is essential to the fair and effective operation of this system.

This book outlines the appropriate disclosure legislation and procedure in Malaysia, serving as a thorough yet condensed reference on this crucial area of civil litigation. It explains the law, which was developed from the pertinent statutes, legal precedent, and judicial practise.

Its comprehensive coverage covers the law before to action, legal doctrines and procedure during action, as well as post-judgment discovery. Important topics including third party discovery, objections to disclosure and inspection, interrogatories, further and better particulars, and witnesses are covered in separate chapters. This book's coverage is further deepened by its specific discussion of discovery in businesses, partnerships, agencies, and arbitration.

The insightful examination of this crucial feature of litigation in Malaysia will make this book essential to civil litigators, judges, and judicial officers.

Key Features:

  • Commentary on substantive law, practise, and procedure that is comprehensive and stated in a clear, simple manner.
  • the starting place for research on the subject. useful for academics as well as travelling practitioners.
  • The topics are arranged logically and chronologically in accordance with the regular flow of legal processes.
  • investigates less-used disclosure technologies and discusses the subtle differences between them.
  • Written by seasoned High Court of Malaya attorneys and solicitors, these guidelines and precedents are both instructive and practical.

CONTENTS Of Malaysian Litigation Series - Disclosure

1. Introduction
2. Pre-Action Discovery
3. Discovery and Inspection of Documents I: Legal Principles
4. Discovery and Inspection of Documents II: The Procedure
5. Third Party Discovery
6. Objections to Disclosure and Inspection
7. Interrogatories
8. Further and Better Particulars
9. Witnesses
10. Discovery Post-Judgment
11. Real Evidence
12. Discovery in Companies
13. Discovery in Partnerships
14. Discovery and Agency
15. Discovery in Arbitration

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