Event

Event

 

Civil Claims Involving Illegality

9 Dec 2019 - Mon / 1 day / 2:30pm - 5:00pm / Seminar Room, Wisma MCA 163 Jalan Ampang, Kuala Lumpur.

This seminar aims to explore issues relating to assertions of illegality in private law i.e. whether a civil claim is necessarily precluded in face of illegality. The panelists will examine the different approaches to illegality in Malaysia, Singapore and United Kingdom. In particular, the panelists will consider the practical issues with respect to arguing and defending such claims, and the appropriate strategies when illegality is asserted in a civil claim.

Member: RM 150
Members Admitted From 1 July 2011: RM 80
Law Student: RM 40
Pupil In Chambers: RM 40
Non Member: RM 300
Organisers: Bar Council

CPD: Legal Learning Lab
CPD Points: 2
Circular No:
Event Code:
T3/09122019/BC/BC193548/2

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Description

This seminar aims to explore issues relating to assertions of illegality in private law i.e. whether a civil claim is necessarily precluded in face of illegality. The panelists will examine the different approaches to illegality in Malaysia, Singapore and United Kingdom. In particular, the panelists will consider the practical issues with respect to arguing and defending such claims, and the appropriate strategies when illegality is asserted in a civil claim.

TIMEAGENDA
2.00 PMRegistration
2.30 PMOpening Address
by Saritha Devi Kirupalani
2.45 PMRecent Developments on Illegality in United
Kingdom and Singapore
by Prof Dr Tang Hang Wu

The session will focus on recent
developments on illegality in the United
Kingdom (“UK”) and Singapore. In particular,
the speaker will consider the UK Supreme
Court’s decision in Patel v Mirza and the
Singapore Court of Appeal’s decision in
Ochroid Trading.
3.15 PMRecent Developments on Illegality in
Malaysia
by Idza Hajar Ahmad Idzam

The session will focus on recent
developments on illegality in Malaysia
3.45 PMTea Break
4.00 PMCrafting Your Litigation Strategy — Practical
Considerations when Illegality is Asserted
by Lee Shih
4.30 PMPanel Discussion
Prof Dr Tang Hang Wu, Idza Hajar Ahmad
Idzam and Lee Shih
Moderated by Saritha Devi Kirupalani
5.00 PMEnd

Speaker

Saritha Devi Kirupalani

 Saritha has the experience in advising and handling a wide spectrum of dispute resolution such as shareholders disputes (minority oppression disputes and derivative actions), contractual disputes, arbitration and court action involving construction disputes, insolvency matters, landlord and tenant disputes, defamation, forensic investigation involving the Malaysian Anti-Corruption Commission and Adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) are just a few examples of her work experience. Saritha is also a qualified Adjudicator under CIPAA 2012.

Professor Tang Hang Wu

Tang Hang Wu is a Professor at the School of Law, Singapore Management University where he specialises in property, trust and unjust enrichment.  In his capacity as a consultant at TSMP Law Corporation, he has acted as Counsel and advised members of the legal profession in Singapore and Malaysia on complex legal issues.  Hang Wu has also advised high net worth individuals, banks, trustees, the U.S Department of Justice and international law firms on complex trust issues.

Idza Hajar Ahmad Idzam

Idza Hajar Ahmad Idzam is a partner in the litigation practice group at Messrs Zul Rafique & Partners.

She has practiced exclusively in the areas of defamation & media; corporate & commercial litigation; public & administrative law; clubs & unincorporated associations; land and general property; law regarding land acquisitions; banking law; arbitration; probate and administration of estates.  Idza is a Legal 500 Asia Pacific 2019 Recommended Lawyer for Dispute Resolution and was named Future Star by Benchmark Litigation Asia Pacific 2019. She is also listed in Asialaw Profiles 2020.

Lee Shih

Lee Shih is a litigation and arbitration partner at Messrs Skrine. He is listed in Chambers Asia-Pacific, Legal 500 Asia Pacific and Benchmark Litigation Asia Pacific. He has acted in various corporate and commercial disputes, fraud-related disputes, and cross-border investigations. He is the Malaysian member of the ICC FraudNet, an international network of leading civil asset recovery lawyers in each country. He is the co-author of Companies Act 2016: The New Dynamics of Company Law in Malaysia.

Terms and Conditions

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.

Cancellation 

Cancellations must be made in writing at least 48 hours prior to the event.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.

Refunds 

Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the cancellation is notified to the organiser three business days before the event.
  • No refunds will be issued if the cancellation is notified to the organiser less than three business days from the event.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.

Transferral

You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.

Attendance 

CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.

Privacy 

The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.

Disclaimer

  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).

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