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LEGAL INSIGHTS

Recent Issues

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The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.

 

Corporate

Disclaimer

The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.

Capital Markets

Legal Insights Issue 2/2017, June 2017 – “The Third Wave”
Malaysia launches the framework for digital investment management services

Legal Insights Issue 1/2017, April 2017 – “BURSA MALAYSIA’S PROPOSED (NEW) MARKET”
The writers’ highlight some salient features of Malaysia’s proposed new share market.

Legal Insights 02/2016, June 2016 – “Malaysia’s Match Making Industry is Open for Business”
The writer examines the Securities.

Consumer Law

Legal Insights 03/2016, September 2016 – “Now Everyone Can Fly, With Less Headaches!”
A review of the Malaysian Aviation Consumer Protection Code 2016

Corporate Advisory 

Legal Insights Issue 3/2017, September 2017 – “NEW CAPITAL REDUCTION PROCEDURE AND WHITEWASH EXEMPTION FOR FINANCIAL ASSISTANCE”Julia Chow and Ebbie Wong explain two new concepts in the Companies Act 2016

Legal Insights Issue 3/2017, September 2017 – STEP UP WITH “CARE”Alia Abdullah highlights some new features in the Malaysian Code on Corporate Governance 2017

Legal Insights Issue 2/2017, June 2017 – “The Solvency Test”A new concept under the Companies Act 2016.

Legal Insights Issue 1/2017, April 2017 – “THE REVIVAL OF ULTRA VIRES?”The writers’ re-examined the doctrine of ultra vires.

Legal Insights Issue 1/2017, April 2017 – “BETWEEN A ROCK AND A HARD PLACE”A discussion of the duties of a nominee director under the Companies Act 2016.

Legal Insights 03/2016, September 2016 - “A Review of the Companies Act 2016 Part 2”
This article focuses on the requirements pertaining to the dispensation of annual general meetings and to member’s written resolutions.

Legal Insights 02/2016, June 2016 - “Out With The Old, In With The New “
This article highlights the key changes under Company Bill 2015.

Legal Insights 02/2016, June 2016 - “Fair Reward For An Honest Year's Work”
The writer discusses ways to mitigate the risk of non-executive directors being deprived of directors’ remuneration.

Environmental Law

Legal Insights 01/2016, March 2016 – “One (Baby) Step At A Time”
The writer discusses the Paris Agreement.

> Private Wealth Management

Legal Insights Issue 3/2017, September 2017 – “MAKING A WILL – WHY IS IT NECESSARY?”
Oon Hooi Lin explains the advantages of making a Will

Dispute Resolution

Disclaimer

The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.

Arbitration (International & Domestic)

Legal Insights 02/2016, June 2016 – “To-May-Toes, To-Mah-Toes But Not When It Comes to Seat in Arbitration”
A commentary on Government of India v Petrocon India Limited [2016] 3 MLJ 435

Anti-Corruption Law

Legal Insights Issue 1/2018, April 2018 – “CORPORATE LIABILITY FOR CORRUPTION”
Kwan Will Sen explains a ground-breaking development in Malaysian law

Legal Insights 01/2016, March 2016 – “The Force Awakens"
The writer discusses the proposal to introduce corporate criminal liability for corruption in Malaysia

Bankruptcy / Insolvency

Legal Insights 04/2016, December 2016 – “Revamping the Bankruptcy”
The writer provides an overview of the Bankruptcy (Amendment) Bill 2016

Legal Insights 03/2016, September 2016 – “Corporate Insolvency, Corporate Rehabilitation and Receivership”
The writer explains highlight the main changes to the corporate insolvency and rehabilitation procedures under the Companies Act 2016

Legal Insights 02/2016, June 2016 – “Is The Time Frame Rule in Rule 30(2) Immutable”
The writer explains the Federal Court’s decision on Rule 30(2) of the Companies (Winding-Up) Rules 1972

Civil Procedure

Legal Insights Issue 1/2017, April 2017 – “COURT RULES IN FAVOUR OF HOUSE”
A case on the registration of a foreign judgment for gambling debts.

Legal Insights 04/2016, December 2016 – “A Remedy for Transgression – A Global Discussion”
The writer considers the tort of misfeasance in public office

Legal Insights 01/2016, March 2016 – “One Step Forward, Half-A-Step Back”
The writer analyses the Deepa interfaith custody battle

Legal Insights 03/2016, September 2016 – “YouveBeenServed”
The writer explores the service of legal process in the digital realm.

Legal Insights 01/2016, March 2016 – “The Champion Arrives”
The writer explains the adoption action.

Compliance

Legal Insights 04/2016, December 2016 – “Powers to Forfeit – A Civil Standard for Criminal Conduct”
The writer explains the power of forfeiture under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001

Construction and Engineering

Legal Insights Issue 3/2017, September 2017 – “MULTI-TIERED DISPUTE RESOLUTION CLAUSES”
Janice Tay provides an overview on the enforceability of multi-tiered dispute resolution clauses

Legal Insights Issue 1/2017, April 2017 – “DELAY AND DISRUPTION PROTOCOL (MALAYSIAN SUPPLEMENT)”
An overview of the Delay and Disruption Protocol (Malaysian Supplement).

Corporate Litigation

Legal Insights Issue 2/2017, June 2017 –“FIVE TAX IMPLICATIONS ARISING FROM THE COMPANIES ACT 2016”
The writers’ highlight some tax implications for companies.

Legal Insights 03/2016, September 2016 – “The Coke Light of Injunctions Hollyoake v Candy”
The writer explains the notification injunction

Land Acquisition

Legal Insights Issue 2/2017, June 2017 – “COURT OF APPEAL THWARTS OVERZEALOUS LAND ACQUISITION”
The Court of Appeal’s decision in “United Allied Empire Sdn Bhd v Pengarah Tanah dan Galian Selangor & 4 Ors [2017] MLJU 392”.

Defamation

Legal Insights Issue 3/2017, September 2017 – “LICENCE TO DEFAME – THE SEQUEL?”
Oommen Koshy and Kwan Will Sen discuss a sequel of sorts to Lee Yoke Yam v Chin Keat Seng

Legal Insights 03/2016, September 2016 - “Court Upholds Right to Criticise Public Administration - Utusan Melayu v Adnan Yaakob”
The writer discuss explain a landmark decision by the Court of Appeal

Family Law

Legal Insights Issue 2/2017, June 2017 – “UNILATERAL CONVERSION IN MALAYSIA – STILL AT THE BRINK”
The writer discusses the Law Reform (Marriage and Divorce) (Amendment) Bill 2016.

Legal Insights 01/2016, March 2016 – “Is Uploading Sufficient Proof of Publication”
The writer discuss a defamation case arising from an article published on the internet

Employment & Industrial Relations 

Legal Insights Issue 4/2017, December 2017 – “DRAW THE LINE ON SEXUAL HARASSMENT”

Legal Insights Issue 3/2017, September 2017 – “A SOCIAL SAFETY NET”
Foo Siew Li provides an overview of the Employment Insurance System Bill 2017

Legal Insights 02/2016, June 2016 – “Union Buster Busted”
The writer explains a recent “union-busting” case

Legal Insights 04/2016, December 2016 – “Of Priests, Prisoners and Petrol Station Attendants”
The writer examines the recent developments in the law of vicarious liability in the United Kingdom.

Medical Negligence

Legal Insights Issue 2/2017, June 2017 – “DOCTOR KNOWS BEST?”
The Court of Appeal, Singapore decided on raising the standard of care in “Hii Chii Kok v Ooi Peng Jin London Lucien [2017] SGCA 38”.

Insurance

Legal Insights Issue 2/2017, June 2017 – “ONE CLAIM OR SEPARATE CLAIMS?”
Supreme Court of the United Kingdom in “AIG Europe Ltd v Woodman & Ors [2017] UKSC 18”.

Legal Insights 04/2016, December 2016 – “Don’t Cover Up, It’ll Blow Your Cover”
The writer discuss the changes to pre-contractual duty of disclosure for insurance contracts in United Kingdom and Malaysia

Shipping Law

Legal Insights Issue 4/2017, December 2017 – “THE MERCHANT SHIIPING (AMENDMENT) ACT 2017: A SEA CHANGE?”
Siva Kumar Kanagasabai and Corrinne Chin highlight the key amendments to the Merchant Shipping Ordinance 1952

Legal Insights 01/2016, March 2016 – “Switch At Your Own Risk”
The writer discusses the perils of releasing cargo against ‘switch’ bills of lading

Statutory Interpretation

Legal Insights Issue 1/2018, April 2018 – “DEVELOPMENTS IN STATUTORY ADJUDICATION IN 2017”
Jocelyn Lim examines the significant statutory adjudication cases of 2017

Legal Insights 04/2016, December 2016 – “The development of Statutory”
The writer examines some significant statutory adjudication

Tort

Legal Insights 04/2016, December 2016 – “A Remedy for Transgression – A Global Discussion”
The writer considers the tort of misfeasance in public office

Legal Insights 01/2016, March 2016 – “One Step Forward, Half-A-Step Back”
The writer analyses the Deepa interfaith custody battle

Legal Insights 01/2016, March 2016 – “The Champion Arrives”
The writer explains the adoption action.

Transportation Law

Legal Insights Issue 1/2017, April 2017 – “THERE’S NO SUCH THING AS A FREE RIDE”
A discussion about the legal issues arising from ride-hailing services.

Trade Remedies

Legal Insights Issue 1/2017, April 2017 – “TRADE WARS: A NEW HOPE?”
A commentary on the first judicial review of a decision under the Safeguards Act 2006.

Shipping and Employment

Legal Insights Issue 1/2017, April 2017 – “THE SEAFARERS’ BILL OF RIGHTS”
The writer highlights the key amendments to the Merchant Shipping Ordinance 1952.

White Collar Crime

Legal Insights Issue 2/2017, June 2017 – “CATCH ME IF YOU CAN”
The writers’ provide insights on what to do if you are a victim of internal fraud.

Social Security Law

Legal Insights Issue 3/2017, September 2017 – “THE SELF-EMPLOYMENT SOCIAL SECURITY ACT 2017”
Daniel Heng highlights the salient features of a new social security legislation

Case Commentary

Legal Insights Issue 1/2018, April 2018 – “COURT OF APPEAL UPHOLDS PRE-CIPAA “PAY WHEN PAID” CLAUSE”
Shannon Rajan highlights the recent Court of Appeal’s decision on “pay when paid clauses”

Legal Insights Issue 1/2018, April 2018 – “A RIGHT TO INSPECT AND A RIGHT TO SUSPEND?”
Sheba Gumis and Choy Yuin Yi discuss two cases concerning directors’ rights and duties

Legal Insights Issue 4/2017, December 2017 – “THE DOCTRINE OF NON-DELEGABLE DUTY OF CARE“
A commentary on Dr. Kok Choong Seng and Sunway Medical Centre Berhad v Soo Cheng Lin [2017] 1 LNS 1452 by Sara Lau

Legal Insights Issue 4/2017, December 2017 – “THE GOOGLE ORDER”
Nathalie Ker explains an interesting decision by the apex court of Canada

Legal Insights Issue 4/2017, December 2017 – “STATUTORY ADJUDICATION – A MORE LEVEL PLAYING FIELD”
Shannon Rajan highlights a recent Federal Court decision on the Construction Industry Payment and Adjudication Act 2012

Legal Insights Issue 4/2017, December 2017 – “DOCTRINE OF PRIME NECESSITY”
Geraldine Goon analyses the Court of Appeal decision adopting the doctrine of prime necessity into Malaysian law

Legal Insights Issue 4/2017, December 2017 – “DEFERRED INDEFEASIBILITY“
Claudia Cheah and Wong Juen Vei discuss a significant land law case

Legal Insights Issue 3/2017, September 2017 – “THE CASE OF THE MISSING COMMA”
Daniel Heng highlights the salient features of a new social security legislation

Biotechnology

Legal Insights Issue 4/2017, December 2017 – “GUARDIANS OF THE (BIO-RESOURCES) GALAXY”
Charmayne Ong and Gooi Yang Shuh provide a primer on the Access to Biological Resources and Benefit Sharing Act 2017

Intellectual Property

Disclaimer

The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.

Biotechnology

The International Comparative Legal Guide to: Pharmaceutical Advertising 2008
This article appeared in the 2008 edition of The International Comparative Legal Guide to: Pharmaceutical Advertising; published by Global Legal Group Ltd, London.

Copyright Advisory & Disputes

Legal Insights Issue 1/2018, April 2018 – “INFRINGING WEBSITE LIST: TURNING OFF THE TAPS”
Alyshea Low explains the use of infringing website lists to enhance the protection of intellectual property rights

Legal Insights 02/2016, June 2016 – “A Snippet of Fairness”
This article explains about the Case on Google Books and the Google Library Project

Patents Advisory & Disputes

Legal Insights 02/2016, June 2016 – “Curtains for Roller Shutter Patent”
The writer discusses a significant patent decision on dependent claims

Trademarks Advisory & Disputes

Legal Insights Issue 2/2017, June 2017 – “YES X1R, IT’S A WELL-KNOWN MARK”.
The writer highlights the first reported case on well-known trade marks in Malaysia

Legal Insights 03/2016, September 2016 – “Pokémon Go-Lympics”
Strategic Advertisers’ Dream or Brand Owners’ Nightmare?

Legal Insights 03/2016, September 2016 – “Anti-Counterfeiting Measures in Malaysia”
The writer explains the tools to fight counterfeiters.

Legal Insights 01/2016, March 2016 – “The Lookalikes”
The writer writes about homogeneous packaging of tobacco products.

Legal Insights 01/2016, March 2016 – “Kit Kat Needs A Break”
The writers discuss about another battle in the chocolate war between Nestlé and Cadbury

PERSONAL DATA AND PROTECTION LAWS (PDPA)

Legal Insights Issue 1/2018, April 2018 – “GDPR – ARE YOU READY FOR IT?”
Neo Hwee Yong discusses the new data protection law in the European Union

Legal Insights Issue 1/2017, April 2017 – “AN OVERVIEW OF THE DEVELOPMENTS IN PERSONAL DATA PROTECTION”
A review of the developments in Data Protection Laws in Malaysia since 2013.

Landmark Case Series

Disclaimer

The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.

 

Legal Insights Issue 1/2018, April 2018 – “DIVISION OF POWERS BETWEEN SHAREHOLDERS AND DIRECTORS”
Lee Shih and Joyce Lim discuss the effect of the Federal Court’s decision in the Petra Perdana case

Legal Insights Issue 1/2018, April 2018 – “UNILATERAL CONVERSION IN MALAYSIA – BACK FROM THE BRINK”
Trevor Padasian discusses the Federal Court’s landmark decision in Indira Gandhi

Legal Insights Issue 3/2017, September 2017 – “MORONS IN A HURRY, BUYING LEMONS IN A JIFFY”.
Grace Teoh concentrates on a landmark case on passing off.

Legal Insights Issue 2/2017, June 2017 – “FEDERAL COURT REASSERTS INDEPENDENCE OF THE JUDICIARY”.
The writer highlights “Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Another Case [2017] 5 CLJ 526”.

Legal Insights 02/2016, June 2016- Turning The Tables on Perpetrators of Sexual Harassment
The writer examines the ground breaking retention of title case

Legal Insights 01/2016, March 2016 – “The Perfect Antidote”
The writer explains the introduction of the tort of sexual harassment in Malaysia

 

 

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Disclaimer

The contents of these articles from our newsletter are of a general nature. You are advised to seek specific legal advice on any transaction or matter that may be affected by these articles. If you require further analysis or explanation of the subject matter, please contact our partners or the person whom you normally consult.

 

 
ACCOLADES & AWARDS

Benchmark Litigation Asia-Pacific 2018

alb-mla-2018-winner

We are pleased to announce that our firm is recognised as a Top Tier Firm in the inaugural Benchmark Litigation Asia-Pacific 2018. Some of our partners were also listed in the rankings.

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Who’s Who Legal Awards 2018

alb-mla-2018-winner

We are pleased to announce that Skrine has once again been named Malaysia Law Firm of the Year. The award was conferred at the Who’s Who Legal Awards 2018 on 8th May 2018 in London, United Kingdom.

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Asian Legal Business Malaysia Law Awards 2018

alb-mla-2018-winner

Skrine has been ranked as Arbitration Law Firm of the Year and Maritime Law Firm of the Year.

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The Chambers Asia Pacific 2018 Rankings

Skrine has been ranked as Leading Firm for Dispute Resolution, Intellectual Property and Projects, Infrastructure & Energy.

>> READ MORE

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