Article Index
Articles by Practice Area: Corporate / Commercial
20 December 2024
, by Ahmad Fadzly Abdul Ghani, Advocate and Solicitor of the High Court of Malaya
Keywords: beginner, construction, guide
Introduction
More common than not, construction law may seem daunting to new practitioners, often due to its perceived complexity and challenging nature. While there may be some truth to this at the first blush, once you grasp the fund...
27 November 2024
Keywords: “Letter, engagement”, of
Every single client-solicitor relationship you enter without a Letter of Engagement is a ticking time bomb waiting to go off. Issuing a Letter of Engagement at the start of every client-solicitor relationship is essential.
The Advocate...
31 July 2024
, by James P David, Advocate and Solicitor of the High Court of Malaya, and Rayelle Ho, Paralegal
In West Malaysia, the limitation periods and limitation of liability for maritime claims are governed by specific legal frameworks, derived from international conventions and domestic legislation. These frameworks aim to balance the interests o...
25 October 2023
, by Eunice Chan Wei Lynn and Azmeena Azahar, Advocates and Solicitors of the High Court of Malaya
Franchising is a popular business model for Malaysian entrepreneurs due to its ease of entry and the benefits it offers. Despite the challenges of the COVID-19 pandemic, Malaysia's franchise industry witnessed an 8% growth in 2020, and the number...
21 February 2023
, by Nagarajah Muttiah, Advocate and Solicitor of the High Court of Malaya (assisted by Roshanth James, Pupil-in-Chambers)
Introduction
Accounting for around 90% of traded goods, shipping is the lifeblood of world trade. To match global demand, the shipbuilding industry has grown to an estimated USD132.52 billion in 2021 and is anticipated to grow to USD175.98 b...
04 January 2023
, by Jeremy M Joseph, Advocate & Solicitor of the High Court of Malaya, and Daniel Tan Zheng Wen, Pupil-in-Chambers
Introduction
This Part of the Article discusses the salient terms that are advised to be present in a Ship Sale Agreement.
Parties do not need to draft the terms from scratch since there are many standard forms of Ship S...
21 December 2021
, by Raymond Thurston David, Advocate & Solicitor
People shy away from certain areas but the truth is no matter how much you research on the internet, there is really no substitute for experience when it comes to dealing with clients. And without them, who can we bill eh!
Kipling alway...
18 November 2021
, by Johan Shahar, Vice President, FINPRO – Malaysian Bar, Marsh Insurance Brokers (M) Sdn Bhd.
How does your Professional Indemnity Insurance (“PII”) protect these evolving risks?
Law firms, like all businesses, are operating in and relying upon technology in an increasingly hostile digital landscape. With the g...
08 September 2021
, by Donovan Lee Shyun Hyn
Keywords: "contract drafting", "contract review"
What is the correlation between contract review and risk management?
Contract review including drafting, is one of the main and inevitable job scopes of a corporate legal practitioner or an in-house legal counsel (“Legal Counsel&...
15 July 2021
, by Murad Ali bin Abdullah, Advocate & Solicitor
Keywords: "Partnership Act"
A law firm can come into being in compliance with the Legal Profession Act 1976. As a sole proprietorship. As a partnership. And in near future even as a Limited Liability Partnership-Incorporated.
Partnership practice often comes...
17 June 2021
, by Philip Lee Abdullah, Manager FINPRO – Malaysian Bar, Marsh Insurance Brokers (M) Sdn Bhd
Legal risk is unavoidable as lawyers do make mistakes from time to time. Therefore, taking pre-emptive measures will help to prevent any potential claims or legal disputes from errors or omissions made by the legal practice. Proactiv...
09 February 2021
, by John Kunzler, Marsh Insurance Broker
Sadly, we are all exposed to frauds and scams in our business and personal lives. On a UK website, ActionFraud, lists a large number of types of frauds and scams which have afflicted businesses of every type, including the following:
&nb...
09 February 2021
, by Loong Sheng Li
Keywords: "legal fee"
First and foremost, let’s get something straight – claims against your legal practice over a dispute solely on legal fees (in most general situations) are excluded under the Malaysian Bar Professional Indemnity Insurance ("PII")...
25 January 2021
, by Murad Ali bin Abdullah, Advocate & Solicitor
Keywords: "anti-money laundering", anti-terrorism
Investigation and prosecution against advocates & solicitors under the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”) is growing by the day. Charges and punishments under...
23 July 2015
, by Loong Sheng Li, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Case Study"
It started off as a civil suit between a stock broking company, Mazuma, and TNS Property Holdings (“TNS”). Messrs Connors, the Insured Practice (“IP”), represented TNS while Messrs Blake represented Mazuma. Blake applied to th...
25 June 2015
, by BY LOONG SHENG LI, RISK MANAGEMENT EXECUTIVE, JARDINE LLOYD THOMPSON SDN BHD
Keywords: "Conflict of Interest", litigant, representation, self, self-representation
Law firm ABC & Co was formed in 2007 as a partnership by Anna, Bryan and Calvin. Two years later, Calvin fell out with Anna and Bryan thus deciding to dissolve their partnership, and he formed a sole proprietorship, Messrs Calvin & Co.
...
25 May 2015
, by LOONG SHENG LI, RISK MANAGEMENT EXECUTIVE, JARDINE LLOYD THOMPSON SDN BHD
Keywords: in, litigant, person, representation, self, self-representation
“A man who is his own lawyer has a fool for a client” [1] – Does this apply when a lawyer is representing himself?
Undeniably, majority of lawyers would assert that self-representation in their personal capacity is justified as t...
05 December 2014
, by Loong Sheng Li, Risk Management Executive, Jardine Lloyd Thompson Sdn Bhd
Keywords: failure, know, law, practice, to
Karpal Singh. Preet Bharara. Fatou Bensouda. When these names are mentioned, we instantly recognise them for their work done in a precise area of law.
There are numerous arguments as to why being a "Jack of all tr...
IP Interview No 1: The IP who had risk management in place
IP were the Solicitors for their clients who were the Vendors in the Sale and Purchase Agreements (“SPAs”) for the sale of two pieces of land to the Claimant.
Bo...