Cover Image

Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs)

In civil procedure, parties are allowed to gather relevant documents before the trial. The parties may use any of the four methods namely, Discovery and Inspection of Documents, Interrogatories, Admission and Anton Piller Order. These methods are provided by the Rules of Court 2012 (Malaysia). Wh...

Full description

Saved in:
Bibliographic Details
Main Author: Mohamed, Duryana
Format: Article
Language:English
Published: INSI Publications 2012
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/27667/1/AJBAS_Special_Issue_185-190.pdf
http://irep.iium.edu.my/27667/
Tags: Add Tag
No Tags, Be the first to tag this record!
id my.iium.irep.27667
record_format dspace
spelling my.iium.irep.276672024-07-29T07:59:22Z http://irep.iium.edu.my/27667/ Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs) Mohamed, Duryana K Law (General) In civil procedure, parties are allowed to gather relevant documents before the trial. The parties may use any of the four methods namely, Discovery and Inspection of Documents, Interrogatories, Admission and Anton Piller Order. These methods are provided by the Rules of Court 2012 (Malaysia). While in the UK Civil Procedure Rules 1998 methods of gathering documents include depositions and exchange of witness statements. However, in choosing the most appropriate method the parties need to consider whether they are able to satisfy the requirements for method to be used. In discovery process, the plaintiff or the party needs to satisfy the court that the documents to be discovered are relevant and they are in the possession, custody or power of the opposite party. Meanwhile the opposite party is expected to comply with the court order for discovery by providing relevant documents or information. This paper attempts to discuss the process of discovery in Malaysia and United Kingdom by studying how the process works against the Internet Service Providers (ISPs) in both countries. The discussion will also include types of documents or information, which are discoverable and not discoverable from the ISPs and the effect of non compliance with the court order. For this purpose, the author will refer to the relevant laws, procedures and decided cases available in both countries. INSI Publications 2012-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27667/1/AJBAS_Special_Issue_185-190.pdf Mohamed, Duryana (2012) Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs). Australian Journal of Basic and Applied Sciences, 6 (11). pp. 185-190. ISSN 1991-8178
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Mohamed, Duryana
Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs)
description In civil procedure, parties are allowed to gather relevant documents before the trial. The parties may use any of the four methods namely, Discovery and Inspection of Documents, Interrogatories, Admission and Anton Piller Order. These methods are provided by the Rules of Court 2012 (Malaysia). While in the UK Civil Procedure Rules 1998 methods of gathering documents include depositions and exchange of witness statements. However, in choosing the most appropriate method the parties need to consider whether they are able to satisfy the requirements for method to be used. In discovery process, the plaintiff or the party needs to satisfy the court that the documents to be discovered are relevant and they are in the possession, custody or power of the opposite party. Meanwhile the opposite party is expected to comply with the court order for discovery by providing relevant documents or information. This paper attempts to discuss the process of discovery in Malaysia and United Kingdom by studying how the process works against the Internet Service Providers (ISPs) in both countries. The discussion will also include types of documents or information, which are discoverable and not discoverable from the ISPs and the effect of non compliance with the court order. For this purpose, the author will refer to the relevant laws, procedures and decided cases available in both countries.
format Article
author Mohamed, Duryana
author_facet Mohamed, Duryana
author_sort Mohamed, Duryana
title Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs)
title_short Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs)
title_full Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs)
title_fullStr Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs)
title_full_unstemmed Discovery and inspection of documents under the Malaysian and English Civil Procedure: A Study on cases against the Internet Service Providers (ISPs)
title_sort discovery and inspection of documents under the malaysian and english civil procedure: a study on cases against the internet service providers (isps)
publisher INSI Publications
publishDate 2012
url http://irep.iium.edu.my/27667/1/AJBAS_Special_Issue_185-190.pdf
http://irep.iium.edu.my/27667/
_version_ 1805962727021084672
score 13.211869

Similar Items