The development of privileged communication rule under the Malaysian Evidence Act 1950

Mohamad Yunus, Mohamad Ismail (2022) The development of privileged communication rule under the Malaysian Evidence Act 1950. Indonesian Private Law Review, 3 (2). pp. 137-144. ISSN 2723-259X E-ISSN 2745-9284

PDF - Published Version Download (240kB)

Abstract

It is observed that if there is a civil dispute between the parties, they may try to settle it outside court, for example, by using the process of alternative dispute resolution. When there is actual cause of action between the parties, the settlement might be done through negotiations. If such negotiation settlement fails, they might bring the matter to the court and if any party wants to admit the damaging statements made during the negotiation, these statements or communications are privileged as “without prejudice communication” under s. 23 of the Malaysian Evidence Act 1950.The issue is whether the law requires some changes and new mechanism to adapt ‘without prejudice’ privilege at present. Is the rule absolute? What are the exceptions that have been ruled out by the Court which can be considered as the limitations of the rule? The objective of this paper is to discuss the matters.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Outside Court Settlement , Negotiation Settlement, Alternative Dispute Resolution, Section 23 Evidence Act 1950, Without Prejudice Communication.
Subjects:	BPK Islamic law. Shari'ah. Fiqh BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) K Law > K Law (General) K Law > K559 Comparative Law K Law > KBP Islamic Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	03 Apr 2024 09:54
Last Modified:	03 Apr 2024 09:54
URI:	http://irep.iium.edu.my/id/eprint/111710

Actions (login required)

View Item