Civil litigation involves a private lawsuit between individuals or entities against each other for matters such as contractual disputes or tortious claims.
The Malaysian legal system is an adversarial system where two lawyers present their respective clients’ cases and positions before a judge or panel of judges, who will then decide based on the evidence and legal arguments placed before them.
The magistrates are the ministers for the laws, the judges their interpreters, the rest of us are servants of the law, that we all may be free - Marcus Tulius Cicero
You may be wondering what legal recourse or remedies are available to you if another party has breached a contract or agreement with you, or if you have suffered some loss or damage arising from an act or omission of another party.
Equity aids the vigilant, not those who slumber on their rights – Legal maxim
In order to advise you of your rights and remedies, we would require information from you in respect of the civil “wrong” or grievance that you are encountering or have experienced. For this, we would usually procure such salient information from our meetings or conversations with you, and where relevant and possible, from documents or other sources of information.
As legal consultant and counsel, it is our duty to assess the strengths and weaknesses of your case on an objective basis, and to formulate and communicate our opinion or advice to you based on the available information and evidence.
Equity will not suffer a wrong to be without a remedy – Legal maxim
Prior to filing a lawsuit, it is common for a lawyer to issue a notice to the other party or their solicitors, highlighting the breach or wrong, and requiring that the other party cease the offending act, or rectify the breach or pay compensation for the loss or damage or for amounts said to be due and owing.
Which court of first instance a suit is eventually filed in, whether it is the Magistrates’ Court, Sessions Court or High Court, depends among other factors, on the amount claimed and what remedies are sought, for example money judgments, specific performance, and/or injunctions.
During the course of civil litigation, the Court may sometimes encourage parties to mediate to a settlement, however this is on an entirely voluntary basis.
Justice delayed is justice denied – William E. Gladstone
Any party who is aggrieved by the decision of the Court can choose to appeal to a higher court, subject to any leave requirements.
One who seeks equity must do equity – Legal maxim
On the other hand, if you have been served with a writ or other legal process, you may be concerned about your legal rights and/or liabilities.
He who comes into equity must come with clean hands – Legal maxim
We would similarly meet you or talk to you to obtain information about the allegations or assertions made against you, in order for us to evaluate your defence (or counterclaim, if applicable) and to advise you on the courses of action available for you to either oppose the claim or attempt to reach an out-of-court settlement for a win-win solution.
Equity delights in equality – Legal maxim
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