“The standard of proof in civil cases is the legal standard to which a party is required to prove its case, namely on a balance of probabilities. In civil litigation, the question of the probability or improbability of an action occurring is an important consideration to be taken into account in deciding whether that particular event had actually taken place or not.”
Category: Civil Procedure
Without Prejudice Letters: When & How Can They Be Admissible In Court?
What is a Without Prejudice Letter? Well, it is literally a letter with a small part somewhere on the document labelled “Without Prejudice”.
Amending Pleadings: When Leave of Court is Required & When it is Not
The relevant provision for the amendment of pleadings is set out in Order 20 rule 3 of the Rules of Court, 2012. There are three particular circumstances in which a party can amend their pleadings…
Can You Oppose a Summary Judgment?
Generally, in a normal civil suit, plaintiff would only obtain a judgment after a trial. However, the law does provide an expeditious way for a plaintiff to apply for summary judgment if certain requirements are complied with.
Functus Officio: When Does A Court Lose Its Powers?
“Once a president has convicted a person charged with an offence before him, he is functus officio, and cannot rescind the sentence and retry the case. Similarly, once he has tried a civil action and made an order on the final determination of the dispute between the parties, he is functus officio and cannot rescind his final order and retry the case, or try a subsequent action between the same parties on the same subject matter.”
Success Fee: Contingency or Non-Contingency? (Part 2)
A contingent fee is a sum of money received by a lawyer as legal fee conditioned upon the success of a particular case. It can also be regarded as a conditional fee arrangement between a lawyer and his/her client. What is the Malaysian judiciary’s approach with regard to success fee?
Is a Consent Order/Judgment the same as a Judgment in Court?
A Consent Order is a form of settlement entered into between two consented parties in a legal action filed in court to resolve a dispute by satisfying certain arrangements without admission of guilt or liability. Although it is normal for parties to discuss and agree on terms independently, there are situations in which parties are asked by the court, to write up an agreement between themselves.
Why You Should Start Planning Your Will Today (Part 2)
It is sometimes inevitable… Passing on without a Will. When one passes away without a will, the person would be deemed to have passed away “intestate”. In cases of intestacy, or when there is no proving executor, an application for letters of administration must be made before the estate can be dealt with.
Challenging Administrative Decisions – Ouster Clause to the Rescue
Even though ouster clauses assist public authorities in making certain decisions without fear, these clauses at the same time impede the aggrieved parties’ access to justice by preventing said decisions from being judicially reviewed. Ouster clauses such as section 59A of Act 155 have wide range of applicability to the extent that they unreasonably infringe the fundamental liberties enshrined within the FC.
Constructive Res Judicata
“There is more over the inherent jurisdiction of the Court in cases where res judicata is not strictly established, and where estoppel per rem judicata has not been sufficiently pleaded, or made out, but nevertheless the circumstances are such as to render any re-agitation of the questions formally adjudicated upon a scandal and an abuse, the Court will not hesitate to dismiss the action, or stay proceedings therein, or strike out the defence thereto, as the case may require.”