Loh Peh Fern Loo Peh Fern
Partner, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 745
Fax: 603 - 2094 3211
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

  Overview  

Loo Peh Fern graduated from the University of Warwick, United Kingdom with LLB (Honours). She was called to the English Bar (Lincoln’s Inn) in 1997 and thereafter, admitted to the Malaysian Bar on 8 October 1998. She commenced her legal practice with Skrine and was made a partner on 1 January 2007.

Her areas of practice are in insurance/reinsurance, arbitration, commercial & civil litigation, shareholders disputes, banking & finance disputes, corporate recovery & restructuring, professional indemnity, contract & debt recovery, securities, bankruptcy and winding-up.

She has conducted trials at High Court and appeared both as Counsel and Co-Counsel at the Court of Appeal and Federal Court. Apart from litigation, she also has experience in arbitration.

She is featured in Who’s Who Legal 2017 for her Insurance & Reinsurance practice and was featured in and received good review and recommendations in the Legal 500 Asia Pacific 2014 for her insurance practice.

  Further Details  

Areas of Practice

Insurance/Reinsurance, Arbitration, Commercial & Civil Litigation, Shareholders Disputes, Banking & Finance Disputes, Corporate Recovery & Restructuring, Securities, Bankruptcy & Winding-Up, Cross-Border Shareholders Disputes, Professional Indemnity, Contract & Debt Recovery.

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • Barrister-at-Law, Lincoln’s Inn, London
  • LLB (Hons) University of Warwick

  Experience  

Insurance/Reinsurance

  • Acted for and advised a leading reinsurance operator/the world’s first Shariah compliant in a reinsurance dispute involving a claim in excess of RM22 million and a counterclaim in the region of RM400,000.
  • Defended a leading reinsurance company in a reinsurance dispute involving a disputed debt of RM20.5 million.
  • Acted for a reinsurance company in a dispute valued at about USD8 million concerning Quota Share Treaty Contracts against European retrocessionaires.
  • Acted for a reinsurance company in a dispute involving over 100 reinsurance claims worth about RM18 million.
  • Advised and acted for a major and leading reinsurance company in a reinsurance dispute involving Facultative Reinsurance Agreements and Original Policy. An issue arose as to whether the Facultative Reinsurance Agreements contain an arbitration clause which refers all disputes between the parties, including those concerning the amount of any loss or damage arising from the Facultative Reinsurance Agreements to arbitration.
  • Advised and acted for a reinsurance company in a reinsurance dispute involving Retrocession Contract. The disputed debt is in excess of USD5.8 million.
  • Advised and acted for a leading reinsurance organisation in Malaysia in a reinsurance dispute against an Indian insurer arising out of the 2011 Thailand floods. Advised and acted for a leading reinsurance company in Malaysia against an insurance company in Thailand over a retrocession treaty dispute involving a sum of USD274,219.00 arising out of the 2011 Thailand floods.
  • Advised insurance and re-insurance companies in various aspects/issues pertaining to policy contracts/agreements.
  • Advised and acted for a leading Insurer in Malaysia which is ranked no. 1 in combined Insurance and Takaful business for both Life/Family and General.
  • Advised a leading global loss adjusting and claim management company.
  • Acted as Co-Counsel for the Appellant in a landmark case of Best Re (L) Limited v Ace Jerneh Insurance Berhad (formerly known as Jerneh Insurance Bhd) [2015] 5 MLJ 513 where the Court of Appeal held that a mere general reference to the original contract constituted effective incorporation of an arbitration clause into a reinsurance contract.
  • Advised on the duty of an insured company and the duty owed by an insurance broker to an insured in the event of a failure to advise on the possibility of non-coverage of insurance.

Arbitration

  • Acted as Co-Counsel for a public listed company in Malaysia in an arbitration involving a joint-venture dispute between a Malaysian company and a Swedish corporation.
  • Acted as Co-Counsel for a Malaysian company in an arbitration where the sum in dispute is more than RM15 million.
  • Acted as Co-Counsel for a Malaysian company in an arbitration where the sum in dispute is more than RM11 million.

Family Law

  • Acted for and appeared as Counsel in the Court of Appeal case of Lim Soon Heng v Tan Beng Choo (P) - [2009] MLJU 261 which involved a heavily contested family dispute where the appellant husband succeeded in setting aside and varying the maintenance order for the respondent wife and son.
  • Advised and acted as Counsel in numerous heavily contested family feud/disputes.

Commercial & Civil Litigation & Shareholders Disputes

  • Advised and acted for several public listed companies in Malaysia in commercial litigation and shareholders disputes.
  • Advised and acted as Counsel for a plaintiff who is a leading developer (and the principal shareholder is a Malaysian conglomerate with diverse local & international businesses that include forest management, wood products, plantations and property development) in a heavily contested injunction hearing which involved novel issues of whether the defendant had wrongly trespassed onto the plaintiff’s development site and whether the defendant should be restrained from connecting and/or tapping into any of the plaintiff’s water pipes.
  • Acted for a trustee in a committal proceeding filed by some beneficiaries of an estate of a deceased who was a tycoon and founder of Ban Hin Lee Bank in Helen Yeap Poh Sim & Yang Lain v Universal Trustee (Malaysia) Bhd [2001] 7 CLJ 414. The High Court dismissed the committal proceeding and the case received wide publicity in the local newspapers.

Banking & Finance disputes

  • Advised and acted for major banks (both in Malaysia and Singapore) in loan agreement disputes.
  • Appeared both as Counsel and Co-Counsel in High Court and Court of Appeal for a major bank in Malaysia in a heavily contested case against a borrower for breach of loan facilities. The bank obtained an Order for Sale for a prime piece of land located at Ulu Kelang. Despite the Order for Sale, the borrower filed numerous suits and applications (including stay and injunction) against the bank to delay and frustrate the auction. Some of these cases were reported in the law journals (Perwira Affin Bank Bhd v. Tan Ah Tong [2003] 5 MLJ 193).
  • Appeared as Counsel for a foreign bank in the High Court case of Re: Chan Teik Huat; Ex-Parte : Oversea- Chinese Banking [2007] MLJU 446 which involved novel issue of whether the bank has failed to convert the Judgment sum (which is in foreign currency) into Ringgit Malaysia at the date of the issuance of the Bankruptcy Notice. The judgment debtor, dissatisfied with the High Court’s decision which was granted in favour of the bank, filed an appeal to the Court of Appeal. Recently, the Court of Appeal affirmed the High Court’s decision.

Corporate Recovery & Restructuring

  • Advised and acted as Co-Counsel for a foreign company who was the largest Scheme of Creditor in a Proposed Scheme of Arrangement involving restructuring of over RM81 million worth of debts.

Company and Financial Services Advisory

  • Advised on the interpretations and interactions of the Financial Services Act 2013, and the remnant effect of the repealed Insurance Act 1996.
  • Advised on the interpretations and interactions of the Labuan Financial Services and Securities Act 2010, the Companies Act 1965, and the Labuan Companies Act 1990.

Securities

  • Advised and acted for a leading stock and share broker company in Malaysia in various litigation cases involving breach of share financing agreements, contra losses and forced selling of securities.
  • Appeared as Counsel in the case of Har Weng v K & N Kenanga Bhd [2008] MLJU 79 which involved allegations by the plaintiff that the defendant (a stock and share broker company) had wrongfully forced sold the plaintiff’s securities which were pledged to the defendant. The defendant (who also sued the plaintiff for contra losses and interest) succeeded in striking out the plaintiff’s suit on the ground of multiplicity of proceedings.

Bankruptcy & Winding-Up

  • Advised and acted for major banks (both in Malaysia and Singapore) and numerous companies in Malaysia involving bankruptcy and winding-up disputes.

Cross-Border shareholders disputes

  • Acted for a Singapore company in a minority shareholders & oppression disputes with its Malaysian joint venture partner over the management of three (3) 5-star hotels in Malaysia, namely, ‘The Residence’ of KL, ‘Pangkor Laut Resorts’ at Pangkor Laut Perak and ‘The Hendrick’ in KL.

Medical Negligence

  • Advised and appeared as Counsel in defending numerous specialist doctors in medical negligence claims/actions.

Professional Indemnity/Liability

  • Acting for members of the legal profession in defending civil suits involving allegations of professional negligence.
  • Acted and appeared as leading Counsel in a highly contested trial involving allegation of fraud and solicitor’s negligence in respect of a dispute against a reputable member of the legal profession.
  • Appeared as Co-Counsel to defend an advocate & solicitor who was being sued for conspiracy to defraud in the High Court case of Liew Chum Wah & Ors v Liew Chee Seng & Ors [2008] MLJU 80.
  • Appeared as Co-Counsel in the High Court case of Tan Ah Chim & Sons Sdn Bhd v. Lim Kean Siew & Others [2000] 6 MLJ 670 which involved partners of a legal firm who were sued for breach of duty of care and negligence.

Contract & Debt Recovery

  • Advised and acted for shipping and travel companies in debt recovery disputes.
  • Advised and acted for investment holding & development companies in debt recovery disputes.

Land Acquisition

  • Appeared as Co-Counsel for the appellants in the Court of Appeal case of Leong Kam Hoong v. Pentadbir Tanah Daerah Seberang Perai Tengah Bukit Mertajam and Another Appeal [2001] 1 MLJ 186 where the appellants complained that the quantum of compensation awarded to them by the Land Administrator (for 3 lots of prime land located in Bukit Mertajam) was inadequate. The Court of Appeal allowed the appellants’ appeal and increased the value of the 3 lots as a whole to RM1.50 per square ft.

Publications

  • Contributing Author - Getting The Deal Through – Insurance Litigation: Malaysian Chapter for the years 2016 and 2017.
  • Co-Author - “Don’t Cover Up, It’ll Blow Your Cover!” – SKRINE Legal Insights Issue 4/2016 in December 2016.
  • Co-Author - “Incorporation By Way Of Reference – Best Re (L) Limited v ACE Jerneh Insurance Berhad [2015] MLJU 0256” – SKRINE’s Legal Insights Issue 3/2015 in September 2015.
  • Author - Case Commentary on Federal Court Case of Score Options Sdn Bhd v Mexaland Development Sdn Bhd [2012] 7 CLJ 802 – SKRINE’s Legal Insights Issue 1/13 on 1 March 2013.
  • Sat as Presiding Judge in Help Institute / Skrine Moot Competition on 15 June 2012.
  • Author - Case Commentary on Ho Ken Seng v Progressive Insurance Sdn Bhd [2012] 1 MLJ 297, Court of Appeal – SKRINE’s Legal Insights on 1 June 2012.
  • Author – Summary: Malaysia Legal System – Multi Jurisdiction Litigation Brochure dated 1 June 2011.
  • Co-Author - “Civil Actions Against Rulers” - Skrine Legal Insights, Issue 4/2008, Dec 2008.
  • Author - “Are Receivers & Managers Appointed by Danaharta Protected Under Section 72 of The Danaharta Act?” - Skrine Legal Insights, Issue 2/2008, June 2008.
  • Author - “Case commentary on SCBMB v. Hew Hai Woon [2007] 7 CLJ 454 – pitfalls for a charge who signs a charge-in-substitution on behalf of a chargor” - Skrine Legal Insights, Issue 2/2007, July 2007.
  • Delivered the following presentations:-
    • “Insurance Law” at seminars organized by the Department of Mathematical Sciences, University of Malaya in year 2008, 2009, 2010, 2011, 2012, 2014, 2015 and 2017.
    • In-house presentation on “Submissions–Written and Oral Submissions” on 1 April 2016.
    • In-house presentation on “Introduction to Insurance Law & Specific Insurance” (Life Assurance & Motor Insurance) on 14 June 2011.
    • “Law of Contract – Breach of Contract & Remedies” organized by Sime Darby Berhad on 21 May 2010.
    • “National Land Code – Caveats” organized by PricewaterhouseCoopers, on 23 April 2010.
    • In-house presentation on “Foreclosure” in year 2009.

 

 
ACCOLADES & AWARDS

Skrine Retains Who’s Who Legal Accolade for Malaysia

On 15th May 2017, the Who’s Who Global Awards was held in London, United Kingdom and Skrine was conferred the Award:

Malaysia Law Firm of the Year 2017

Skrine previously received this Award in 2013, 2014, 2015 and 2016.

>> READ MORE

SKRINE Clinches Top Honours at ALB Malaysia Law Awards 2017

On 6th April 2017, the Asian Legal Business Malaysia Law Awards was held and SKRINE was named

Malaysia Law Firm of the Year 2017

SKRINE also bagged 5 other awards

>> READ MORE

Asialaw Profiles 2017

The Asialaw Profiles has ranked Skrine as Outstanding Firm and particularly highlighting the following practice areas:

Outstanding Firm

  • Competition & Antitrust
  • Corporate/M&A
  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
  • Project & Infrastructure

>> READ MORE

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