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    CASE(S) OF THE WEEK

  • AM MOHAMUD (IN SUBSTITUTION FOR A MOHAMUD (DECEASED)) v. WM MORRISON SUPERMARKETS PLC* [2016] 4 CLJ 329
    SUPREME COURT, UNITED KINGDOM
    LORD NEUBERGER OF ABBOTSBURY PSC; BARONESS HALE OF RICHMOND DPSC; LORD DYSON MR; LORD REED JSC; LORD TOULSON JSC

    2 MARCH 2016

    TORT: Vicarious liability - Principles and doctrine - Tests - The 'close connection' test - Whether an improvement upon the 'Salmond's formula' - Whether still sustainable and constituting good law - Whether to be broadened to 'representative capacity' test - Employee assaulting third party pursuant to deliberate act of misconduct - Whether employer vicariously liable

    Read more




  • NOOR HAMID MOHD NOOR & SATU LAGI lwn. SALSURIANI ISMAIL [2016] 1 SMC 59
    MAHKAMAH SESYEN, KOTA BHARU
    ADLI ABD GHALIB HS
    [SAMAN NO: A52-5-03-2014]
    9 APRIL 2015

    TORT: Kacau ganggu - Pemotongan bekalan elektrik - Kelakuan tuan tanah mengarahkan pemotongan bekalan elektrik - Sama ada penghuni premis mengalami kacau ganggu akibat tindakan tuan tanah - Sama ada status milikan hartanah masih belum diputuskan secara muktamad - Sama ada tuan tanah mempunyai pengetahuan bahawa pihak plaintif masih menghuni premis tersebut - Sama ada aktiviti kehidupan penghuni terganggu - Sama ada ganti rugi yang dipohon dibenarkan

    Read more




  • ARTICLE HIGHLIGHT

    Snatching defeat from the jaws of victory – lessons from recent unfair dismissal decisions

    AUSTRALIA
    Employment

    Other factors can lead to a finding of unfairness
    Three recent decisions of the Fair Work Commission (FWC) serve as a reminder to employers that despite there being a valid reason for the dismissal of an employee, a range of other factors can lead to a finding of unfairness.

    Read more [2016] FWC 1472 [2016] FWC 1555 [2016] FWC 1460




  • Is predictive coding the route to faster disclosure and reduced costs?

    UK
    Dispute resolution

    Use of ‘predictive coding’ in disclosure process approved for first time
    The recent judgment in the case of Pyrrho v MWB [2016] EWHC 256 (Ch) has approved the use of 'predictive coding' in the disclosure process for the first time in the English courts. This is a significant development in demonstrating the willingness of the court to support innovative approaches to a process which can amount to a significant proportion of litigation costs and deter clients from proceeding with otherwise meritorious litigation.

    Read more Judgment




  • Appeal court: judge wrong to interfere with exclusion clause when wording sufficiently clear

    UK
    Litigation

    Judge wrong to override exclusion clause in complex contract for hire of offshore drilling rig
    A High Court judge was wrong to override an exclusion clause in a complex contract for the hire of an offshore drilling rig, as the parties were commercial equals and the wording of the clause was sufficiently clear, the appeal court has ruled.

    Read more Judgment




  • Non-disclosure clauses: when is a non-disclosure "deliberate or fraudulent"?

    UK
    Insurance

    When non-disclosure is ‘deliberate or fraudulent’
    In Mutual Energy Ltd v Starr Underwriting Agents Ltd [2016] EWHC 590 (TCC), Mr Justice Coulson considered the proper construction of a clause which prevented insurers from avoiding the policy for non-disclosure unless that non-disclosure was "deliberate or fraudulent".

    Read more Judgment




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (04 May 2016)
  • PU(A) 248/2014
    Customs Duties (Goods Under the Framework Agreement on Comprehensive Economic Co-Operation Between Asean and China) (Asean Harmonised Tariff Nomenclature) Order 2014
  • Latest Revoked (04 May 2016)
  • PU(A) 224/2013
    Labuan Business Activity Tax (Forms) Regulations 2013



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