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Dear valued clients and partners,

In light of the recent Full Lockdown Movement Control Order 3.0, our CLJ offices will be temporarily closed from 1 June 2021 until further notice.

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The CLJLAW Team

  • CASE(S) HIGHLIGHT

  • ZAIDI MOHD ZAIN & ANOR v. PP
    HIGH COURT, PULAU PINANG
    MOHD RADZI ABDUL HAMID JC
    [CRIMINAL REVISION NO: PA-43-2-03-2021]
    06 MAY 2021

    Section 51A of the Criminal Procedure Code which provides for automatic disclosure of documents to assist an accused in the preparation of his defence only applies to a criminal trial and not to an inquest before a Coroner. A Coroner, however, is empowered under s. 51 CPC read with Arahan Amalan No. 2 of 2014 and ss. 334 and 337 CPC to provide such documents to an "interested person" as the term is defined in the Arahan Amalan. This being so, the application by the deceased's parents herein for delivery of documents relating to the deceased's death in police custody such as the police reports, the lock-up diary, photographs and sketch plan, and the post-mortem photographs, is allowable in law. It ought also to be noted that whilst an application for documents under s. 51 CPC can be made at any stage of the inquiry, s. 51A cannot be read together with or as an extension of s. 51. The two sections needing to be read separately, it must follow that Retnarasa Annarasa v. PP [2008] 4 CLJ 90, for pronouncing that s. 51A may be read with s. 51 to empower a Coroner to order disclosure of documents in an inquest, is no longer good law.

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  • JUDICIAL QUOTES

  • “In order for the defendant to succeed in resisting an item of costs, the defendant would need to satisfy the court that the item in question has been unreasonably incurred, or that the amount billed for that item was unreasonable. Furthermore, where the item or the amount billed in respect of them was approved by the client, whether expressly or impliedly, a legal presumption will arise that the item was reasonably incurred and that the amount billed for the item was reasonable. In my view, this legal presumption is irrebuttable.” – per Azizul Azmi Adnan J in Skrine (Claiming As A Firm) v. NS Water Consortium Sdn Bhd [2021] 4 CLJ 571




  • ARTICLE HIGHLIGHT

    VK Lingam fails again in bid to return to law practice

    Legal profession
    Former lawyer implicated in judge-fixing scandal again barred from return to legal practice
    Former lawyer VK Lingam, who was implicated in the 2007 judge-fixing scandal, has failed again in his bid to return to legal practice. A three-member Court of Appeal bench chaired by Lee Swee Seng said the High Court was correct in maintaining the findings of the Advocates and Solicitors Disciplinary Board in 2015 to strike his name off the rolls. The other judges on the panel were Lee Heng Cheong and Hashim Hamzah. Swee Seng said the findings of the board to accept the evidence of Loh Gwo Burne and Loh Mui Fah that Lingam was on the telephone communicating to then chief judge of Malaya Ahmad Fairuz Sheikh Abdul Halim were justified.

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  • UK Supreme Court upholds law firm's non-compete clause with rival after four-year legal battle

    Your Lawyers celebrates victory in dispute sparked by potential collaboration over a VW emissions group claim
    The UK Supreme Court has ruled in favour of consumer action law firm Your Lawyers in a dispute with rival firm Harcus Sinclair over the enforceability of a non-compete clause relating to their potential collaboration in a group emissions claim against Volkswagen. The court ruled today that the clause in a non-disclosure agreement (NDA) the firms signed so they could discuss working together on a claim was enforceable, meaning Harcus Sinclair should have sought Your Lawyers' permission before it subsequently ‘retained clients’ and signed on another City firm, Slater and Gordon, to launch its own group collective action.

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  • Italian IT employee wins unfair dismissal claim after staying in Italy during pandemic
    By: Article by: Makbool Javaid, Partner - Simons Muirhead & Burton

    UK
    Employment

    Employee on annual leave in Italy during lockdown was unfairly dismissed
    Home Jobs News Features Events Interviews Legal Updates Book Reviews Blog Subscribe Directory App Video & Podcast Editorial Portal Advertise Editorial Information Testimonials Members Login RSS Feed Legal Updates More Articles: Latest Popular Archives Italian IT employee wins unfair dismissal claim after staying in Italy during pandemic Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 21 July 2021 In the case of Montanaro v Lansafe an employment tribunal held that an employee who was on annual leave in Italy when lockdown was announced was automatically unfairly dismissed when his employer purported to dismiss him for failing to follow company procedures and taking unauthorised holiday. Mr Montanaro was employed by Lansafe and provided services to their client. Montanaro believed he had permission to take holiday for his sister’s wedding in Italy. However, Italy went into lockdown and UK government guidance stipulated 14 days’ isolation on return from Italy. Montanaro was told to keep his mobile and laptop on and wait for instructions. Lansafe then sent a letter to Montanaro in London (despite knowing he was in Italy) advising that he had been dismissed for failing to follow company procedures and taking unauthorised leave. Montanaro successfully claimed automatic unfair dismissal.

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  • The end of the résumé? The Dutch startup reinventing recruitment

    The résumé has become an essential tool for job hunting or even for applying to educational programs in today's society. And yet, TestGorilla, a human resources startup founded in the Netherlands, no longer believes in this model, which emphasizes recruiters' biases rather than highlighting the real qualities of the candidates applying for a job. Résumés in the trash! That's the idea behind a project helmed by TestGorilla. The startup specializing in human resources, founded in the Netherlands, wanted to find a way to eliminate recruiters' prejudices and biases when selecting candidates.

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  • Sharing a video online? Soon you'll need to credit the creator

    SINGAPORE
    Copyright
    Better copyright protections for content creators and performers
    Under the current Copyright Act, creators and performers do not have the right to be identified when their work or performance is used. Sharing or posting a video of a quirky dance performance online in Singapore, or a photo of a painting from an art gallery here, will soon require the performer or creator to be identified and credited, under proposed changes to the law. This applies not just to commercial entities and public figures, but general members of the public, too, according to changes to the Copyright Act tabled by the Ministry of Law (MinLaw) in Parliament yesterday. The requirement does not apply to past public uses of such works. It will apply to future uses only after most provisions in the amendments come into force - if they are passed in Parliament - in November.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (26 July 2021)
  • AKTA 50
    Akta Perubatan 1971
    ACT 50
    Medical Act 1971
    PU(A) 5/2017
    Customs Duties Order 2017
  • Latest Revoked (04 July 2021)
  • PU(A) 278/2021
    Peraturan-Peraturan Pencegahan Dan Pengawalan Penyakit Berjangkit (Langkah-Langkah Di Dalam Kawasan Tempatan Jangkitan) (No. 4) 2021 [Dibatalkan Oleh Pu(A) 293/2021]
    PU(A) 278/2021
    Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (No. 4) Regulations 2021 [Revoked By Pu(A) 293/2021]



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