The development of privileged communication rule under the Malaysian Evidence Act 1950
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 n...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Faculty of Law, Universitas Lampung, Indonesia
2022
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| Online Access: | http://irep.iium.edu.my/111710/7/111710_The%20development%20of%20privileged%20communication.pdf http://irep.iium.edu.my/111710/ https://jurnal.fh.unila.ac.id/index.php/iplr/issue/view/215 https://doi.org/10.25041/iplr.v3i2.2511 |
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| Summary: | 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. |
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