Dalam memahami konsep kepenjaraan pada masa ini, penjara sebenarnya bukan sahaja merupakan tempat... more Dalam memahami konsep kepenjaraan pada masa ini, penjara sebenarnya bukan sahaja merupakan tempat untuk menghukum mereka yang melakukan kesalahan, namun lebih menjurus sebagai institusi yang bertanggungjawab untuk memulih, memimpin dan mendidik pesalah agar menjadi individu yang berdisiplin dan bertanggungjawab setelah mereka kembali ke pangkuan masyarakat. Dalam konteks Malaysia, agenda pemulihan pesalah jenayah merupakan agenda utama kerajaan dalam usaha mengurangkan kadar jenayah. Menyedari hakikat ini, kerajaan melalui Pelan Hala Tuju Transformasi telah memberikan penekanan terhadap kepentingan memperbaik program pemulihan dalam penjara untuk mengurangkan kecenderungan kesalahan berulang. Penulisan yang menggunakan pendekatan kualitatif ini akan menjelaskan tentang program pemulihan di dalam penjara yang dilaksanakan oleh Jabatan Penjara Malaysia ke atas pesalah jenayah yang menjalani hukuman penjara. Penulisan dibuat dengan merujuk dokumen berkaitan modul pemulihan serta temu b...
Early Neutral Evaluation and mediation are claimed to be suitable alternative dispute resolution ... more Early Neutral Evaluation and mediation are claimed to be suitable alternative dispute resolution mechanisms for resolving a myriad of civil cases. Regrettably, very little information is known as to how viable is the combining of these two mechanisms in resolving complex civil cases in Malaysia. The purpose of this study was to explore the viability of Early Neutral Evaluation and mediation in resolving complex civil cases. This study investigated the distinctive features and goals of Early Neutral Evaluation; and circumstances which provide the possibility for the referral of Early Neutral Evaluation in supporting the process of mediating complex civil cases in the civil courts of Malaysia. This study found that, subject to certain modification of the Rules of Court 2012, Early Neutral Evaluation can be used as a viable mechanism to resolve complex civil cases. The referral to Early Neutral Evaluation also improves and supports the understanding of the disputants on the issues surrounding complex cases in a follow-up mediation session. It is expected that this study will contribute significantly to developing a model for resolving complex civil cases involving the referral of Early Neutral Evaluation and mediation in Malaysia.
European Journal of Economics and Business Studies, Dec 30, 2015
In Malaysia, pretrial case management has been made an integral part of the litigation process si... more In Malaysia, pretrial case management has been made an integral part of the litigation process since it is designed to manage cases systematically and within strict deadlines. However, dealing with the evaluative value of complex cases might not be easy, especially for the inexperienced lawyers and some judges who are not familiar with certain areas of law. This study proposes the use of early neutral evaluation for resolving complex civil cases in Malaysia during pretrial case management. Thus, this study sought to examine whether early neutral evaluation can be used effectively to identify issues at the earliest possible time to ensure early disposal or settlement of civil cases. Therefore, the objectives of this study are; first, to explore the viability of introducing an early neutral evaluation program during case management under Malaysia Rules of Court 2012; and secondly to evaluate the potential of adopting an early neutral evaluation programme in Malaysia. The finding shows that early neutral evaluation is consistent to the practice of case management under the Malaysian Rules of Court 2012. Although the Malaysia Rules of Court 2012 provides an opportunity for the adaptation of Early Neutral Evaluation, the introduction and sustainability of such programme would depend largely on a more in-depth study relating to financial resources, readiness of disputants, future goals and expectations of the Malaysian judiciary; and commitment of various stakeholders of the justice system. This study is expected to enrich present literature relating to civil procedure and also provide an overview on possible amendments to current procedural court rules particularly in Asian countries.
European Journal of Interdisciplinary Studies, Oct 1, 2021
COVID-19 outbreak continues to impact business organizations around the world financially. One ma... more COVID-19 outbreak continues to impact business organizations around the world financially. One major concern is the common practice of business organizations to reduce their workforce. Issues might arise from such management decisions. The purpose of this conceptual paper is to analyze the legitimacy of managerial decisions relating to workforce reduction. The methodology of legal analysis was used by referring to and reviewing literature in Malaysia, Singapore and the United Kingdom. Major findings show that management decisions on workforce reduction especially during the COVID-19 outbreak must accord with employment law and existing government measures. Apart from that, an employer's failure to resolve issues of workforce reduction according to the law and government measures would result in trade disputes and eventual court action. The findings of this study can assist employers to make sound management decisions with valid reasons in situations, not within their control.
European Journal of Economics and Business Studies, Apr 30, 2016
The pre-trial stage requires judicial attention as well as attention from solicitors representing... more The pre-trial stage requires judicial attention as well as attention from solicitors representing the parties to the action to ensure that cases are managed and disposed within strict deadlines. This study recommends the use of management process activities that are commonly used by business organizations to manage civil cases in the Malaysian civil courts at the pre-trial stage. Therefore, the objectives of this study are; first, to examine whether the provisions under the Rules of Court 2012 are capable of delivering quality service in its role as the fortress of justice and how the understanding of management process can assist in the management and disposal of cases efficiently. The findings indicate that the activities of process management (namely planning, organizing, directing and controlling exercises) can be used as a practical guide for the court managers as well as solicitors acting for the parties to the action to understand the importance of abiding by the provisions of the Rules of Court 2012 so that the management and disposal of cases can be done in an efficient manner. Although this study does not analyze the various process management theories, it is expected that the preliminary findings might enrich present literature relating to the conduct of civil litigation and also provide an insight on possible adoption of a framework to be used as a guide in managing cases under the Rules of Court 2012.
Mediterranean journal of social sciences, Nov 1, 2015
Judicial reforms in the administration of justice system generally affect the landscape of civil ... more Judicial reforms in the administration of justice system generally affect the landscape of civil litigation. However, judicial reforms also draw adverse inference on the justice system if certain safeguards are lacking behind or delicate issues of public importance are not emphasized. This study aims at analysing he Malaysian Judiciary Reforms to civil litigation in Malaysia. The method of analysis is based on content analysis. This study indicates that the key catalyst to the success of civil litigation reforms of the Malaysian Judiciary (2008-2011) was contributed by excellent leadership. The study also finds that the Judicial Reforms in relation to management carry qualities that are recognized under established management practices. Nevertheless, the findings also show that there are crucial matters that are not contemplated in the said reform exercise such as the creation of a multi-door courthouse programme, methods to resolve complex civil cases and the plight of unrepresented litigants. Therefore, it is imperative for the Malaysian Judiciary to emphasize on these oversights in its future reform exercise.
Available Online July 2014 The preparation of complex cases are challenging to parties to the act... more Available Online July 2014 The preparation of complex cases are challenging to parties to the action and their counsels. Observably, the complexity of a case and the inability to manage it effectively make the successful conduct of discovery of documents difficult. Thus, the main purpose of this study is, firstly; to identify the impediments to formal discovery of documents in complex civil litigation; and secondly; to discover the effects of using Early Neutral Evaluation in prediscovery of documents in complex civil cases. This study relied on a doctrinal analysis method in analyzing related literature (including procedural laws and case reports from Malaysia and England) apart from procedural rules regulating the use of Early Neutral Evaluation in selected courts in the United States) on Early Neutral Evaluation, discovery and civil litigation in general. This study found that subject to certain modification of any local procedural rules in a jurisdiction, Early Neutral Evaluation is theoretically a viable mechanism to be integrated into the civil court system to counter obstacles in discovery of documents in complex civil litigation.
International Research Journal of Shariah, Muamalat and Islam
Sulh is renowned for resolving various types of disputes, including hadhanah (child custody) matt... more Sulh is renowned for resolving various types of disputes, including hadhanah (child custody) matters in the Syariah Court. However, its effectiveness in responding to hadhanah (child custody) cases that involve emotional disorders requires further investigation. The main objective of this study is to examine the obstacle brought forth by a party suffering from an emotional disorder in a sulh session of a child custody case in Malaysia. The study adopts a qualitative approach and builds on library resources. Data were analyzed descriptively from a literature review on sulh, emotional disorder, and court processes. This study finds that a party who suffers from emotional disorder in a child custody case may affect sulh settlement because it obstructs the sulh officer from carrying out his facilitative task effectively according to the rules mentioned in the sulh procedure and sulh work manual. Therefore, the implication of this study is to draw awareness of the incidence of emotional ...
In principle, civil procedure consists of court rules with the overriding purpose of enabling the... more In principle, civil procedure consists of court rules with the overriding purpose of enabling the court to process a civil case right from the process of commencement of action to its disposal in an efficient and expeditious manner. At this point in time, however, there is a scarcity of publications in Malaysia on the subject of civil procedure (tatacara mal) of the Shariah courts. In comparison, there are sufficient texts on the subject of civil procedure of the civil courts and also on the substantive aspects of Syariah laws. Such a situation demands serious attention especially when Syarie lawyers and undergraduate students enrolled for courses relating to Syariah or Law (or a double-degree programme of Syariah and Law) are in need of a book on civil procedure in the Syariah Court that incorporates the substantive aspects of civil litigation and drafting skills.
Discovery in complex cases is never an easy task even if it comes with a court order. Complex cas... more Discovery in complex cases is never an easy task even if it comes with a court order. Complex cases not only demand extra judicial attention but are full of uncertainties. Due to such uncertainties, the parties to the action would go for ‘fishing expeditions’ in order to obtain better particulars of the adversary’s position. The purpose of this article is to discover how Early Neutral Evaluation is capable of dealing with the obstacles associated with the process of discovery in complex civil litigation. This article uses a doctrinal analysis method in analyzing related literature (including cases especially reported in Malaysia and England and Wales) and the procedures regulating the mechanism in the United States. The study found that subject to certain modification of any local procedural rules, Early Neutral Evaluation is a viable mechanism to be integrated into the civil court system to counter obstacles in discovery. It is hope that this study will benefit policy makers to car...
The preparation of complex cases are challenging to parties to the action and their counsels. Obs... more The preparation of complex cases are challenging to parties to the action and their counsels. Observably, the complexity of a case and the inability to comprehend and manage it effectively make the successful conduct of discovery of documents difficult. The purpose of this study is, firstly; to identify the impediments to formal discovery of documents in complex civil litigation; and secondly; to discover the effects of using Early Neutral Evaluation in pre-discovery of documents in complex civil cases. This study relied on a doctrinal analysis method in analyzing related literature (including procedural laws and case reports from Malaysia and England) apart from procedural rules regulating the use of Early Neutral Evaluation in selected courts in the United States) on Early Neutral Evaluation, discovery and civil litigation in general. This study found that subject to certain modification of any local procedural rules in a jurisdiction, Early Neutral Evaluation is theoretically a v...
European Journal of Interdisciplinary Studies, 2021
COVID-19 outbreak continues to impact business organizations around the world financially. One ma... more COVID-19 outbreak continues to impact business organizations around the world financially. One major concern is the common practice of business organizations to reduce their workforce. Issues might arise from such management decisions. The purpose of this conceptual paper is to analyze the legitimacy of managerial decisions relating to workforce reduction. The methodology of legal analysis was used by referring to and reviewing literature in Malaysia, Singapore and the United Kingdom. Major findings show that management decisions on workforce reduction especially during the COVID-19 outbreak must accord with employment law and existing government measures. Apart from that, an employer’s failure to resolve issues of workforce reduction according to the law and government measures would result in trade disputes and eventual court action. The findings of this study can assist employers to make sound management decisions with valid reasons in situations, not within their control.
European Journal of Economics and Business Studies, 2016
The pre-trial stage requires judicial attention as well as attention from solicitors representing... more The pre-trial stage requires judicial attention as well as attention from solicitors representing the parties to the action to ensure that cases are managed and disposed within strict deadlines. This study recommends the use of management process activities that are commonly used by business organizations to manage civil cases in the Malaysian civil courts at the pre-trial stage. Therefore, the objectives of this study are; first, to examine whether the provisions under the Rules of Court 2012 are capable of delivering quality service in its role as the fortress of justice and how the understanding of management process can assist in the management and disposal of cases efficiently. The findings indicate that the activities of process management (namely planning, organizing, directing and controlling exercises) can be used as a practical guide for the court managers as well as solicitors acting for the parties to the action to understand the importance of abiding by the provisions o...
European Journal of Economics and Business Studies, 2015
In Malaysia, pretrial case management has been made an integral part of the litigation process si... more In Malaysia, pretrial case management has been made an integral part of the litigation process since it is designed to manage cases systematically and within strict deadlines. However, dealing with the evaluative value of complex cases might not be easy, especially for the inexperienced lawyers and some judges who are not familiar with certain areas of law. This study proposes the use of early neutral evaluation for resolving complex civil cases in Malaysia during pretrial case management. Thus, this study sought to examine whether early neutral evaluation can be used effectively to identify issues at the earliest possible time to ensure early disposal or settlement of civil cases. Therefore, the objectives of this study are; first, to explore the viability of introducing an early neutral evaluation program during case management under Malaysia Rules of Court 2012; and secondly to evaluate the potential of adopting an early neutral evaluation programme in Malaysia. The finding shows...
Judicial reforms in the administration of justice system generally affect the landscape of civil ... more Judicial reforms in the administration of justice system generally affect the landscape of civil litigation. However, judicial reforms also draw adverse inference on the justice system if certain safeguards are lacking behind or delicate issues of public importance are not emphasized. This study aims at analysing he Malaysian Judiciary Reforms to civil litigation in Malaysia. The method of analysis is based on content analysis. This study indicates that the key catalyst to the success of civil litigation reforms of the Malaysian Judiciary (2008-2011) was contributed by excellent leadership. The study also finds that the Judicial Reforms in relation to management carry qualities that are recognized under established management practices. Nevertheless, the findings also show that there are crucial matters that are not contemplated in the said reform exercise such as the creation of a multi-door courthouse programme, methods to resolve complex civil cases and the plight of unrepresented litigants. Therefore, it is imperative for the Malaysian Judiciary to emphasize on these oversights in its future reform exercise.
Instilling religious values in maintaining good industrial relations is a much neglected area of ... more Instilling religious values in maintaining good industrial relations is a much neglected area of study in industrial jurisprudence. Evidently, trade disputes are usually referred to the Industrial Court whereby resolution of disputes are usually based on the reference of relevant Industrial Court awards, civil court judgments, statutes and best practices for industrial harmony. However, little emphasis has been given to religion as an important tool for resolving conflicts among mankind. Thus, the objective of this study is to identify core Islamic values relevant in maintaining good industrial relations in Malaysia. The trans-disciplinary approach was chosen to correlate core Islamic values in meeting the two different sets of expectations; one of the employer and the other by the employee. The methodology used is legal and content analysis of Industrial Court awards, case laws, relevant statutes and the Qur’an being the primary source of the Shariah. The main finding of the study...
Dalam memahami konsep kepenjaraan pada masa ini, penjara sebenarnya bukan sahaja merupakan tempat... more Dalam memahami konsep kepenjaraan pada masa ini, penjara sebenarnya bukan sahaja merupakan tempat untuk menghukum mereka yang melakukan kesalahan, namun lebih menjurus sebagai institusi yang bertanggungjawab untuk memulih, memimpin dan mendidik pesalah agar menjadi individu yang berdisiplin dan bertanggungjawab setelah mereka kembali ke pangkuan masyarakat. Dalam konteks Malaysia, agenda pemulihan pesalah jenayah merupakan agenda utama kerajaan dalam usaha mengurangkan kadar jenayah. Menyedari hakikat ini, kerajaan melalui Pelan Hala Tuju Transformasi telah memberikan penekanan terhadap kepentingan memperbaik program pemulihan dalam penjara untuk mengurangkan kecenderungan kesalahan berulang. Penulisan yang menggunakan pendekatan kualitatif ini akan menjelaskan tentang program pemulihan di dalam penjara yang dilaksanakan oleh Jabatan Penjara Malaysia ke atas pesalah jenayah yang menjalani hukuman penjara. Penulisan dibuat dengan merujuk dokumen berkaitan modul pemulihan serta temu b...
Early Neutral Evaluation and mediation are claimed to be suitable alternative dispute resolution ... more Early Neutral Evaluation and mediation are claimed to be suitable alternative dispute resolution mechanisms for resolving a myriad of civil cases. Regrettably, very little information is known as to how viable is the combining of these two mechanisms in resolving complex civil cases in Malaysia. The purpose of this study was to explore the viability of Early Neutral Evaluation and mediation in resolving complex civil cases. This study investigated the distinctive features and goals of Early Neutral Evaluation; and circumstances which provide the possibility for the referral of Early Neutral Evaluation in supporting the process of mediating complex civil cases in the civil courts of Malaysia. This study found that, subject to certain modification of the Rules of Court 2012, Early Neutral Evaluation can be used as a viable mechanism to resolve complex civil cases. The referral to Early Neutral Evaluation also improves and supports the understanding of the disputants on the issues surrounding complex cases in a follow-up mediation session. It is expected that this study will contribute significantly to developing a model for resolving complex civil cases involving the referral of Early Neutral Evaluation and mediation in Malaysia.
European Journal of Economics and Business Studies, Dec 30, 2015
In Malaysia, pretrial case management has been made an integral part of the litigation process si... more In Malaysia, pretrial case management has been made an integral part of the litigation process since it is designed to manage cases systematically and within strict deadlines. However, dealing with the evaluative value of complex cases might not be easy, especially for the inexperienced lawyers and some judges who are not familiar with certain areas of law. This study proposes the use of early neutral evaluation for resolving complex civil cases in Malaysia during pretrial case management. Thus, this study sought to examine whether early neutral evaluation can be used effectively to identify issues at the earliest possible time to ensure early disposal or settlement of civil cases. Therefore, the objectives of this study are; first, to explore the viability of introducing an early neutral evaluation program during case management under Malaysia Rules of Court 2012; and secondly to evaluate the potential of adopting an early neutral evaluation programme in Malaysia. The finding shows that early neutral evaluation is consistent to the practice of case management under the Malaysian Rules of Court 2012. Although the Malaysia Rules of Court 2012 provides an opportunity for the adaptation of Early Neutral Evaluation, the introduction and sustainability of such programme would depend largely on a more in-depth study relating to financial resources, readiness of disputants, future goals and expectations of the Malaysian judiciary; and commitment of various stakeholders of the justice system. This study is expected to enrich present literature relating to civil procedure and also provide an overview on possible amendments to current procedural court rules particularly in Asian countries.
European Journal of Interdisciplinary Studies, Oct 1, 2021
COVID-19 outbreak continues to impact business organizations around the world financially. One ma... more COVID-19 outbreak continues to impact business organizations around the world financially. One major concern is the common practice of business organizations to reduce their workforce. Issues might arise from such management decisions. The purpose of this conceptual paper is to analyze the legitimacy of managerial decisions relating to workforce reduction. The methodology of legal analysis was used by referring to and reviewing literature in Malaysia, Singapore and the United Kingdom. Major findings show that management decisions on workforce reduction especially during the COVID-19 outbreak must accord with employment law and existing government measures. Apart from that, an employer's failure to resolve issues of workforce reduction according to the law and government measures would result in trade disputes and eventual court action. The findings of this study can assist employers to make sound management decisions with valid reasons in situations, not within their control.
European Journal of Economics and Business Studies, Apr 30, 2016
The pre-trial stage requires judicial attention as well as attention from solicitors representing... more The pre-trial stage requires judicial attention as well as attention from solicitors representing the parties to the action to ensure that cases are managed and disposed within strict deadlines. This study recommends the use of management process activities that are commonly used by business organizations to manage civil cases in the Malaysian civil courts at the pre-trial stage. Therefore, the objectives of this study are; first, to examine whether the provisions under the Rules of Court 2012 are capable of delivering quality service in its role as the fortress of justice and how the understanding of management process can assist in the management and disposal of cases efficiently. The findings indicate that the activities of process management (namely planning, organizing, directing and controlling exercises) can be used as a practical guide for the court managers as well as solicitors acting for the parties to the action to understand the importance of abiding by the provisions of the Rules of Court 2012 so that the management and disposal of cases can be done in an efficient manner. Although this study does not analyze the various process management theories, it is expected that the preliminary findings might enrich present literature relating to the conduct of civil litigation and also provide an insight on possible adoption of a framework to be used as a guide in managing cases under the Rules of Court 2012.
Mediterranean journal of social sciences, Nov 1, 2015
Judicial reforms in the administration of justice system generally affect the landscape of civil ... more Judicial reforms in the administration of justice system generally affect the landscape of civil litigation. However, judicial reforms also draw adverse inference on the justice system if certain safeguards are lacking behind or delicate issues of public importance are not emphasized. This study aims at analysing he Malaysian Judiciary Reforms to civil litigation in Malaysia. The method of analysis is based on content analysis. This study indicates that the key catalyst to the success of civil litigation reforms of the Malaysian Judiciary (2008-2011) was contributed by excellent leadership. The study also finds that the Judicial Reforms in relation to management carry qualities that are recognized under established management practices. Nevertheless, the findings also show that there are crucial matters that are not contemplated in the said reform exercise such as the creation of a multi-door courthouse programme, methods to resolve complex civil cases and the plight of unrepresented litigants. Therefore, it is imperative for the Malaysian Judiciary to emphasize on these oversights in its future reform exercise.
Available Online July 2014 The preparation of complex cases are challenging to parties to the act... more Available Online July 2014 The preparation of complex cases are challenging to parties to the action and their counsels. Observably, the complexity of a case and the inability to manage it effectively make the successful conduct of discovery of documents difficult. Thus, the main purpose of this study is, firstly; to identify the impediments to formal discovery of documents in complex civil litigation; and secondly; to discover the effects of using Early Neutral Evaluation in prediscovery of documents in complex civil cases. This study relied on a doctrinal analysis method in analyzing related literature (including procedural laws and case reports from Malaysia and England) apart from procedural rules regulating the use of Early Neutral Evaluation in selected courts in the United States) on Early Neutral Evaluation, discovery and civil litigation in general. This study found that subject to certain modification of any local procedural rules in a jurisdiction, Early Neutral Evaluation is theoretically a viable mechanism to be integrated into the civil court system to counter obstacles in discovery of documents in complex civil litigation.
International Research Journal of Shariah, Muamalat and Islam
Sulh is renowned for resolving various types of disputes, including hadhanah (child custody) matt... more Sulh is renowned for resolving various types of disputes, including hadhanah (child custody) matters in the Syariah Court. However, its effectiveness in responding to hadhanah (child custody) cases that involve emotional disorders requires further investigation. The main objective of this study is to examine the obstacle brought forth by a party suffering from an emotional disorder in a sulh session of a child custody case in Malaysia. The study adopts a qualitative approach and builds on library resources. Data were analyzed descriptively from a literature review on sulh, emotional disorder, and court processes. This study finds that a party who suffers from emotional disorder in a child custody case may affect sulh settlement because it obstructs the sulh officer from carrying out his facilitative task effectively according to the rules mentioned in the sulh procedure and sulh work manual. Therefore, the implication of this study is to draw awareness of the incidence of emotional ...
In principle, civil procedure consists of court rules with the overriding purpose of enabling the... more In principle, civil procedure consists of court rules with the overriding purpose of enabling the court to process a civil case right from the process of commencement of action to its disposal in an efficient and expeditious manner. At this point in time, however, there is a scarcity of publications in Malaysia on the subject of civil procedure (tatacara mal) of the Shariah courts. In comparison, there are sufficient texts on the subject of civil procedure of the civil courts and also on the substantive aspects of Syariah laws. Such a situation demands serious attention especially when Syarie lawyers and undergraduate students enrolled for courses relating to Syariah or Law (or a double-degree programme of Syariah and Law) are in need of a book on civil procedure in the Syariah Court that incorporates the substantive aspects of civil litigation and drafting skills.
Discovery in complex cases is never an easy task even if it comes with a court order. Complex cas... more Discovery in complex cases is never an easy task even if it comes with a court order. Complex cases not only demand extra judicial attention but are full of uncertainties. Due to such uncertainties, the parties to the action would go for ‘fishing expeditions’ in order to obtain better particulars of the adversary’s position. The purpose of this article is to discover how Early Neutral Evaluation is capable of dealing with the obstacles associated with the process of discovery in complex civil litigation. This article uses a doctrinal analysis method in analyzing related literature (including cases especially reported in Malaysia and England and Wales) and the procedures regulating the mechanism in the United States. The study found that subject to certain modification of any local procedural rules, Early Neutral Evaluation is a viable mechanism to be integrated into the civil court system to counter obstacles in discovery. It is hope that this study will benefit policy makers to car...
The preparation of complex cases are challenging to parties to the action and their counsels. Obs... more The preparation of complex cases are challenging to parties to the action and their counsels. Observably, the complexity of a case and the inability to comprehend and manage it effectively make the successful conduct of discovery of documents difficult. The purpose of this study is, firstly; to identify the impediments to formal discovery of documents in complex civil litigation; and secondly; to discover the effects of using Early Neutral Evaluation in pre-discovery of documents in complex civil cases. This study relied on a doctrinal analysis method in analyzing related literature (including procedural laws and case reports from Malaysia and England) apart from procedural rules regulating the use of Early Neutral Evaluation in selected courts in the United States) on Early Neutral Evaluation, discovery and civil litigation in general. This study found that subject to certain modification of any local procedural rules in a jurisdiction, Early Neutral Evaluation is theoretically a v...
European Journal of Interdisciplinary Studies, 2021
COVID-19 outbreak continues to impact business organizations around the world financially. One ma... more COVID-19 outbreak continues to impact business organizations around the world financially. One major concern is the common practice of business organizations to reduce their workforce. Issues might arise from such management decisions. The purpose of this conceptual paper is to analyze the legitimacy of managerial decisions relating to workforce reduction. The methodology of legal analysis was used by referring to and reviewing literature in Malaysia, Singapore and the United Kingdom. Major findings show that management decisions on workforce reduction especially during the COVID-19 outbreak must accord with employment law and existing government measures. Apart from that, an employer’s failure to resolve issues of workforce reduction according to the law and government measures would result in trade disputes and eventual court action. The findings of this study can assist employers to make sound management decisions with valid reasons in situations, not within their control.
European Journal of Economics and Business Studies, 2016
The pre-trial stage requires judicial attention as well as attention from solicitors representing... more The pre-trial stage requires judicial attention as well as attention from solicitors representing the parties to the action to ensure that cases are managed and disposed within strict deadlines. This study recommends the use of management process activities that are commonly used by business organizations to manage civil cases in the Malaysian civil courts at the pre-trial stage. Therefore, the objectives of this study are; first, to examine whether the provisions under the Rules of Court 2012 are capable of delivering quality service in its role as the fortress of justice and how the understanding of management process can assist in the management and disposal of cases efficiently. The findings indicate that the activities of process management (namely planning, organizing, directing and controlling exercises) can be used as a practical guide for the court managers as well as solicitors acting for the parties to the action to understand the importance of abiding by the provisions o...
European Journal of Economics and Business Studies, 2015
In Malaysia, pretrial case management has been made an integral part of the litigation process si... more In Malaysia, pretrial case management has been made an integral part of the litigation process since it is designed to manage cases systematically and within strict deadlines. However, dealing with the evaluative value of complex cases might not be easy, especially for the inexperienced lawyers and some judges who are not familiar with certain areas of law. This study proposes the use of early neutral evaluation for resolving complex civil cases in Malaysia during pretrial case management. Thus, this study sought to examine whether early neutral evaluation can be used effectively to identify issues at the earliest possible time to ensure early disposal or settlement of civil cases. Therefore, the objectives of this study are; first, to explore the viability of introducing an early neutral evaluation program during case management under Malaysia Rules of Court 2012; and secondly to evaluate the potential of adopting an early neutral evaluation programme in Malaysia. The finding shows...
Judicial reforms in the administration of justice system generally affect the landscape of civil ... more Judicial reforms in the administration of justice system generally affect the landscape of civil litigation. However, judicial reforms also draw adverse inference on the justice system if certain safeguards are lacking behind or delicate issues of public importance are not emphasized. This study aims at analysing he Malaysian Judiciary Reforms to civil litigation in Malaysia. The method of analysis is based on content analysis. This study indicates that the key catalyst to the success of civil litigation reforms of the Malaysian Judiciary (2008-2011) was contributed by excellent leadership. The study also finds that the Judicial Reforms in relation to management carry qualities that are recognized under established management practices. Nevertheless, the findings also show that there are crucial matters that are not contemplated in the said reform exercise such as the creation of a multi-door courthouse programme, methods to resolve complex civil cases and the plight of unrepresented litigants. Therefore, it is imperative for the Malaysian Judiciary to emphasize on these oversights in its future reform exercise.
Instilling religious values in maintaining good industrial relations is a much neglected area of ... more Instilling religious values in maintaining good industrial relations is a much neglected area of study in industrial jurisprudence. Evidently, trade disputes are usually referred to the Industrial Court whereby resolution of disputes are usually based on the reference of relevant Industrial Court awards, civil court judgments, statutes and best practices for industrial harmony. However, little emphasis has been given to religion as an important tool for resolving conflicts among mankind. Thus, the objective of this study is to identify core Islamic values relevant in maintaining good industrial relations in Malaysia. The trans-disciplinary approach was chosen to correlate core Islamic values in meeting the two different sets of expectations; one of the employer and the other by the employee. The methodology used is legal and content analysis of Industrial Court awards, case laws, relevant statutes and the Qur’an being the primary source of the Shariah. The main finding of the study...
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