Contentious Civil Litigation

Civil Litigation System in Malaysia

Have you ever experienced someone infringing on your property or violating an agreement between the two of you? If they still refuse to cooperate after you have strongly requested them to do so, you can take them to court. This is known as civil litigation.

Civil litigation is one of the primary means of resolving disputes. You need to bring your civil dispute to court to determine legal issues, seek accountability, or obtain relief. Civil disputes are conflicts arising from private relationships or interactions, such as business relationships or marital issues. These disputes might also arise from transactions, such as breaches of contracts and agreements.

The process by which courts handle these cases is known as the civil litigation process. The laws applicable to this process depend on the jurisdiction and the current legal system.

Overview of Civil Litigation in Malaysia

Due to Malaysia's colonial history with Britain, the Malaysian legal system has been significantly influenced by British laws. However, Malaysia has also enacted local laws and rules to regulate the civil litigation process in the country. These include:

• Federal Constitution of Malaysia
• Subordinate Courts Act 1948
• Civil Law Act 1956: This Act allows Malaysian courts to refer to English common law and equity.

These laws apply throughout Malaysia. In addition, there are state-specific laws and a portion of Islamic law that apply mainly to personal law matters managed by states. In Malaysia, Islamic law in personal matters covers issues such as marriage (also known as family law cases), inheritance, and succession, but it is only applicable to those who choose to be governed by it.

Court System Organization

Courts are arbiters of justice, deciding your rights, duties, and responsibilities through one or more judges. Malaysia's courts can be broadly categorized into civil courts and criminal courts, depending on the type of cases they handle. A common term associated with courts is "jurisdiction," which refers to the authority of a court to hear and decide legal issues.

The court system operates in a hierarchical structure, ascending in authority as follows:

• Subordinate Courts: This includes the Magistrate's Court and the Sessions Court. These courts handle civil disputes with jurisdiction limited by the amount in controversy. The Magistrate's Court has a limit of RM100,000, while the Sessions Court’s limit is RM1,000,000.
• High Court: Malaysia has two High Courts — the High Court of Malaya (for Peninsular Malaysia) and the High Court of Sabah and Sarawak (for East Malaysia). Unlike subordinate courts, High Courts have no monetary limits on their jurisdiction.
• Court of Appeal: If you are dissatisfied with a High Court judgment, you can appeal to the Court of Appeal. As the name suggests, the Court of Appeal handles appeals and does not hear original cases.
• Federal Court: This is the highest court in Malaysia, with the authority to review civil appeal cases after an application for appeal.

In addition to these courts, Islamic courts handle specific personal law matters based on Islamic jurisprudence. These courts address issues related to marriage, inheritance, and family matters but do not handle commercial disputes.

Civil Litigation Procedure in Malaysia

The civil litigation process includes the following steps:

1. Consulting a Lawyer: If you need to make a civil claim against someone, consulting a lawyer is the first step to ensure a fair resolution or to assert your rights. Although self-representation is possible, legal advice and representation from a civil litigation lawyer will likely yield better results.

2. Drafting and Serving a Letter of Demand: A letter of demand is a formal request for action, typically drafted by a lawyer to the recipient as a last opportunity for pre-trial negotiation and dispute resolution.

3. Commencing Civil Proceedings and Discovery: Civil proceedings officially begin when your lawyer files legal documents. Discovery involves the exchange of relevant documents between the parties involved.

4. Trial and Motions: This phase includes the judge reviewing the case, summoning and examining witnesses, presenting evidence, and making a judgment. During the trial, motions can be made to request specific orders from the court. The judgment concludes the litigation process.

5. Appeal: If the trial outcome is unsatisfactory or if there are other grounds for review, your lawyer can assist you in filing an appeal.

Types of Civil Litigation in Malaysia

Common types of civil litigation in Malaysia include:

• Breach of Contract: A contract is a legally enforceable agreement between parties. If one party fails to fulfill their contractual obligations, you can file a civil suit for breach of contract to enforce the agreement. If there are issues with the existence or validity of the contract, you can seek legal advice from a contract lawyer.

• Landlord-Tenant Disputes: As a landlord or tenant, you have rights and obligations that can be enforced through litigation. Common issues include eviction, rent recovery, lease disputes, or breaches of obligations. These cases are typically handled by the Sessions Court.

• Tort Claims: Torts are civil wrongs. Common torts include negligence, defamation, trespassing, fraud, and emotional distress. Personal injury lawyers in Malaysia can help those harmed by another's wrongful conduct.

• Negligence: This involves harm caused by failing to meet a standard of care. To prove negligence, you must show that the defendant had a duty of care, breached that duty, and caused harm. Claims for damages can be substantial.

• Property Disputes: Property transactions can lead to disputes over mortgages, leases, or other issues. If your property rights are violated, you can seek compensation through legal action with a real estate lawyer.

• Family Law Disputes: Issues like divorce, spousal rights, asset division, and child custody are handled through civil litigation in family law matters.

• Claims Related to Arbitration: Arbitration is an alternative dispute resolution mechanism where disputes are resolved by an arbitrator. Sometimes civil litigation arises from the arbitration agreement or its validity.

• Corporate Legal Remedies: Companies might seek legal relief through the courts for matters such as shareholder derivative actions, injunctions, and more.

How Our Lawyers Can Help You

If you seek relief through civil litigation or want to assert your rights, it is best to consult a competent lawyer. A lawyer can advise you on the strengths and weaknesses of your case. Sometimes, going to court may not be the best option due to time and cost considerations.