Advocate's Immunity in Negligence Action: Comparion Between UK and Malaysia

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date 2013-03-06 04:04:03
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originalfilename 2661-01-FH02-FUHA-19-34136.pdf
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spelling 7277 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=7277 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Article Journal application/pdf 15 1.6 Adobe Acrobat Pro DC 20 Paper Capture Plug-in PDF24 Creator 2013-03-06 04:04:03 2661-01-FH02-FUHA-19-34136.pdf UniSZA Private Access Advocate's Immunity in Negligence Action: Comparion Between UK and Malaysia International Journal of Arts and Commerce The doctrine of advocates’ immunity renders advocates immune from civil claims in professional negligence for any act or omission which arises honestly in the conduct or management of a proceeding in court, and for any out of court act or omission that is intimately connected with in court proceedings. The general principle that barristers are entitled to some immunity was established, or re-established, in the United Kingdom by the House of Lords. It was argued that barristers should enjoy no greater immunity than other professional men. But that argument was rejected: barristers, it was firmly held, have a special status, just as a trial has a special character: some immunity is necessary in the public interest, even if, in some rare cases, an individual may suffer loss. The paper contemplates advocate’s defence of immunity against negligence action especially when the “negligence” arose due to conduct of the advocate in court. Comparison is made between application of the defence of immunity in the Malaysian perspective as well as in the United Kingdom. 2 2 209-223
spellingShingle Advocate's Immunity in Negligence Action: Comparion Between UK and Malaysia
summary The doctrine of advocates’ immunity renders advocates immune from civil claims in professional negligence for any act or omission which arises honestly in the conduct or management of a proceeding in court, and for any out of court act or omission that is intimately connected with in court proceedings. The general principle that barristers are entitled to some immunity was established, or re-established, in the United Kingdom by the House of Lords. It was argued that barristers should enjoy no greater immunity than other professional men. But that argument was rejected: barristers, it was firmly held, have a special status, just as a trial has a special character: some immunity is necessary in the public interest, even if, in some rare cases, an individual may suffer loss. The paper contemplates advocate’s defence of immunity against negligence action especially when the “negligence” arose due to conduct of the advocate in court. Comparison is made between application of the defence of immunity in the Malaysian perspective as well as in the United Kingdom.
title Advocate's Immunity in Negligence Action: Comparion Between UK and Malaysia
title_full Advocate's Immunity in Negligence Action: Comparion Between UK and Malaysia
title_fullStr Advocate's Immunity in Negligence Action: Comparion Between UK and Malaysia
title_full_unstemmed Advocate's Immunity in Negligence Action: Comparion Between UK and Malaysia
title_short Advocate's Immunity in Negligence Action: Comparion Between UK and Malaysia
title_sort advocate's immunity in negligence action: comparion between uk and malaysia