Busy

Had been a little busy for a while. Trials and submissions to the extent that I did not have enough time to update my blog.

The bauxite tragedy trial concluded mid July and all the necessary submissions have been filed by parties. A site visit was conducted after the final hearing date. Decision will be delivered on 28/08/2018 (see pic). 

Very interesting questions of law have been raised and we expect some interesting answers from the presiding judge. To what extent can hearsay evidence be admitted? Whether Section 7 and 8 of the Civil Law Act, 1956 applies to tragedies like in this case or Section 7 and 8  applies only to fatal accidents? Was this tragedy a fatal accident?. Whether the common law neighborhood principle enunciated in Donoghue v Stevenson applies? This invariably will mean - is there such a thing as duty of care in Malaysia?

Will update the decision once available.