Contentious Civil Litigation

Civil Litigation System in Malaysia

Have you experienced a situation where someone has infringed upon your property rights or breached an agreement between both parties? If, despite your repeated demands, they still refuse to cooperate, you may commence civil proceedings against them. This is known as civil litigation.

Civil litigation is one of the primary methods of resolving disputes. You are required to bring your civil dispute before the court to determine legal issues, establish liability, or obtain remedies. Civil disputes refer to conflicts arising from private relationships or interpersonal dealings, such as commercial relationships or matrimonial relationships. Such disputes may also arise from transactions, such as breaches of contract or agreements.

The court procedure for hearing such cases is known as civil procedure. The applicable laws depend on the jurisdiction and the prevailing legal system.


Overview of Civil Litigation in Malaysia

Due to Malaysia’s colonial history with the United Kingdom, the Malaysian legal system is largely influenced by English common law. However, Malaysia has also enacted its own laws and rules governing civil procedure. These include:

• The Federal Constitution of Malaysia
• The Subordinate Courts Act
• The Civil Law Act 1956: which allows Malaysian courts to refer to English common law and principles of equity

• Subordinate Courts: include the Magistrates’ Courts and Sessions Courts. Their civil jurisdiction is limited by the amount in dispute. The Magistrates’ Court has a limit of RM100,000, while the Sessions Court has a limit of RM1,000,000.
• High Courts: Malaysia has two High Courts—the High Court of Malaya and the High Court of Sabah and Sarawak, which have jurisdiction over Peninsular Malaysia and East Malaysia respectively. Unlike the subordinate courts, the High Courts have no monetary limit on jurisdiction.
• Court of Appeal: If you are dissatisfied with a High Court decision, you may appeal to the Court of Appeal, which only hears appellate matters and does not conduct trials.
• Federal Court of Malaysia: This is the highest court in Malaysia. It has the authority to hear civil appeals upon leave being granted.

• Consulting a lawyer: Deciding whether to bring a civil claim is the first step toward obtaining legal redress. While it is possible to proceed without a lawyer, legal advice and representation significantly improve your chances of success.
• Preparation and service of a letter of demand: A letter of demand is a formal notice typically issued by a lawyer. It often serves as the final opportunity for pre-litigation negotiation and settlement.
• Filing of civil action and discovery: Civil proceedings formally commence when pleadings are filed. Discovery refers to the stage where both parties exchange relevant documents.
• Trial and interlocutory applications: This is the stage where evidence is presented, witnesses are examined, and the court delivers judgment. Applications may be made during trial for specific orders. The judgment concludes the process.
• Appeal: If you are dissatisfied with the outcome, your lawyer may assist you in filing an appeal.

• Breach of contract: A contract is a legally enforceable agreement. When one party fails to perform its obligations, the other party may initiate a civil action for breach of contract to enforce the agreement or claim damages.
• Tenancy disputes: Landlords and tenants have enforceable rights and obligations. Common disputes include unlawful eviction, rent arrears, and breaches of tenancy agreements. These matters are often heard in the Sessions Court.
• Torts: A tort is a civil wrong and includes negligence, defamation, trespass, passing off, and psychiatric injury. Personal injury lawyers assist individuals harmed by the wrongful acts of others.
• Negligence: Negligence arises from a breach of a duty of care. To succeed, a claimant must prove duty of care, breach, and resulting damage. The burden of proof lies on the claimant, and damages may be substantial if proven.
• Property disputes: Property transactions, including mortgages and leases, may give rise to disputes regarding rights and obligations. Claims for compensation may be brought through civil proceedings.
• Matrimonial disputes: Matters involving divorce, spousal rights, division of matrimonial assets, and custody are civil matters resolved through court proceedings.
• Arbitration-related claims: Arbitration is an alternative dispute resolution mechanism where disputes are resolved by arbitrators. Civil courts may still deal with issues arising from arbitration agreements or their validity.
• Company law remedies: Companies may seek relief through the courts, such as derivative actions by shareholders or injunctions. These matters fall within civil jurisdiction.