The Young Solicitor

30 years old & Below: If the deceased was at the age of 30 and below at the time of his death, the fixed number of years that will be used to asses his executors claim is 16 years. For example; A died in an accident at the age of 28, and his spouse usually gets RM600 from him every month before his death. 16 ( years ) x 12 ( months in a year ) = 192 ( months ) x RM600.00 (loss of earning per month) = RM 115,200.00 (claim for loss of earning). 31 to 54 years old: If the deceased was over the age of 30 but below the age of 55, the calculation would use 55 minus the age of death and divided by 2. For example; B died in an accident at the age of 33, and his spouse usually gets RM 600 from him every month before his death. 55 ( the age where loss of income shall not be considered ) minus 33 ( the age of death ) = 22 divided by 2 = 11 ( years ) x 12 ( months in a year ) = 132 (months) x RM 600.00 (loss of earning per month) = RM 79,200.00 (claim for loss of earning) (Further re...

In assessing claims in accident cases which involved death, we must advice our client that they are not entitled to claim from the respondent the amount derived from i- Insurance ii- EPF iii- Pensions or gratuities iv- Any other payment made under any written law which will be received after death of the deceased. e.g Socso These payments can only be claimed from their respective agencies and the Respondent shall not be made liable to pay damages with the inclusion of these amounts. Three usual claims claimed by an executor are: 1- Loss of earnings (The monthly expenses which the executor usually entitled to. This claim can only be made if the deceased was below the age of 55 years old at the time of his death. If he is 55, we must advice that the future earning will not be calculated. If the deceased was below the age of 55, we must acquire proof or testimonials to prove that he was of good health before the accident took place) 2- Funeral expenses 3- Bereavements (fixed...

Have to find out whether arrears of quit rent, taxes, assessment rates including service and maintenance charges up to the date of the auction shall be borne by the Bank, paid out of the purchase money or not. Usually it is a standardize regulation in the Proclamation of Sale that all the above mentioned charges shall be borne by the assignee/the bank. Please note that this payment shall be paid from the auction price and will only be paid after the successful bidder completes the full bid price. All outstanding charges incurred after the date of the auction shall be borne by the successful bidder/purchaser. No obligation for the assignee/bank to pay the outstanding water, electricity, telephone, sewerage or other chargers of personal nature. The successful bidder/purchaser shall borne these charges before or/and after the date of the auction.

According to the law, any two or more person, carrying out business under a partnership, may sue and be sued under the name of the firm . This connotes that when a firm is being sued under one name (i.e. the name of the firm), all the partners will be liable despite not having their name stated in the proceeding. A person carrying out his business in the name or style other than his own name can be sued in that name or style, but he cannot initiate legal proceeding in the firm’s name if he carried his business as a sole proprietor. According to Order 77 (9) of the Rules of High Court, it is stated that a sole proprietorship may be sued. It does not state whether it can sue under the firm’s name or not. Thus it is important that, before initiating a summons for a client, the solicitor should start with a company search, to sort the type of his client’s business. If we come to pass a summons filed against our client (a defendant) by a person who is a sole proprietor, using his firm name...

A company is a legal entity (person) thus it can sue and be sued in its own name. But a company cannot act for itself unless a solicitor is representing it. A director or shareholder cannot represent a company in a legal proceeding. If a person represented himself as the company in a winding up proceeding, for example, the solicitor acting for the petitioner can object his appearance on the ground that he is not a solicitor. (Further Reference: Order 5 (6) (2) of the Rules of High Court / Order 4 (6) (2) of the Subordinate Court Rules)

I have made some mistakes in a counter-claim process for my client. The clients are complaining and my boss is furious. Is it possible to amend the contents of a particular document once it is filed to the court and served to the relevant parties? Yes. According to Janab’s Keys to Civil Procedure in Malaysia ; Generally the court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as maybe necessary for the purpose of determining the rela question in controversy between the parties. …. It does not matter whether the original omission arose from negligence or carelessness. The other side must also be compensated with costs. Generally all amendments must be made with the Leave from the court but according to the Rule, each party may alter and amend their writ and pleading once at any time before the pleadings are deemed to be closed. The rule of amendment can also b...

An Unsecured Creditor is a creditor who has no security over the repayments of his debts . If a company is wound up, an unsecured creditor will be among the last person who will receive a portion of the liquidated assets of the company. Although it was the Unsecured Creditor who obtained the winding up order against the company, this does not connote that he will be the first person to receive the repayment of his debts after the company’s assets have been liquidated.