Contributed by Sumitha Shaanthinni Kishna, Executive Officer, Bar Council
In 2007, the Right Honourable Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Judge of the High Court in Sabah and Sarawak (“CJSS”) engaged the Kuala Lumpur (“KL”) Bar in a discussion to propose a pre–action protocol for personal injury matters on a trial basis in the KL courts. Discussions were held with the relevant stakeholders such as the police and hospitals.
The Judiciary was looking to adopt the pre–action protocol from the English system and to customise the protocol to the Malaysian court system. The protocol required a lawyer to have all documentation ready before filing a case in court for the purpose of expediting the case.
In 2007, the Right Honourable Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Judge of the High Court in Sabah and Sarawak (“CJSS”) engaged the Kuala Lumpur (“KL”) Bar in a discussion to propose a pre–action protocol for personal injury matters on a trial basis in the KL courts. Discussions were held with the relevant stakeholders such as the police and hospitals.
The Judiciary was looking to adopt the pre–action protocol from the English system and to customise the protocol to the Malaysian court system. The protocol required a lawyer to have all documentation ready before filing a case in court for the purpose of expediting the case.
The KL Bar had pointed out several difficulties in introducing the
pre–action protocol as all the relevant stakeholders would have to
cooperate and comply to put the pre–action protocol into effect. There
were also concerns raised on medical reports taking years to be
prepared. The KL Bar highlighted to the CJSS the inconsistency of
awards, and proposed that instead of the pre–action protocol, a
compendium would ideally serve the purpose of expediting matters in
court.
The pre–action protocol did not materialise but the proposal to have a compendium was eventually pursued. In 2007, the KL Bar set up a working committee to draft the compendium. When the draft of the Compendium of Personal Injury Awards (“Compendium”) was completed, the Task Force to Review the Compendium of Personal Injury Awards (“Task Force”) was formed.
Throughout June 2009 to April 2010, the Task Force worked on reviewing the Compendium, constantly seeking to improve it by asking Members of the Bar for feedback. The Task Force completed its review on 7 May 2010 and, on 2 Sept 2010, submitted the revised Compendium to the Right Honourable Chief Judge of Malaya, YAA Tan Sri Arifin b Zakaria.
YAA Tan Sri Arifin informed us, in a letter dated 11 Oct 2010, that the Judiciary was agreeable with the proposed quanta in the Compendium. Thereafter, Circular No 258/2010 dated 26 Oct 2010 was issued to Members of the Bar, informing them of the Judiciary’s decision. Click here for a copy of the revised Compendium.
Bar Council extends its appreciation to R Ravindra Kumar, Chairperson of the Task Force, and the Task Force members for their time and effort in undertaking the review.
The Task Force members are:
For further information, please do not hesitate to contact Sumitha Shaanthinni Kishna, by telephone at 03–2031 3467 or by email at sumitha@malaysianbar.org.my .
Throughout June 2009 to April 2010, the Task Force worked on reviewing the Compendium, constantly seeking to improve it by asking Members of the Bar for feedback. The Task Force completed its review on 7 May 2010 and, on 2 Sept 2010, submitted the revised Compendium to the Right Honourable Chief Judge of Malaya, YAA Tan Sri Arifin b Zakaria.
YAA Tan Sri Arifin informed us, in a letter dated 11 Oct 2010, that the Judiciary was agreeable with the proposed quanta in the Compendium. Thereafter, Circular No 258/2010 dated 26 Oct 2010 was issued to Members of the Bar, informing them of the Judiciary’s decision. Click here for a copy of the revised Compendium.
Bar Council extends its appreciation to R Ravindra Kumar, Chairperson of the Task Force, and the Task Force members for their time and effort in undertaking the review.
The Task Force members are:
| 1 | Brendan Navin Siva | Kuala Lumpur |
| 2 | Ganavathy Naidu N Rasu | Kuala Lumpur |
| 3 | Jagjit Singh | Kuala Lumpur |
| 4 | Jeyaveeran Naicker | Kuala Lumpur |
| 5 | Razlan Hadri | Kuala Lumpur |
| 6 | Shailender Bhar | Kuala Lumpur |
| 7 | Silvaraju Velu | Kuala Lumpur |
| 8 | Siva Dharma Rudra Deva | Kuala Lumpur |
| 9 | Tan Soo Leong | Kuala Lumpur |
| 10 | Mohamad Rohan Mohamad Razi | Kuala Lumpur |
| 11 | Arudkumaran K Ponnampalam | Selangor |
| 12 | Preetha Nayar | Selangor |
| 13 | AC Vohrah | Malacca |
| 14 | Jaspal Singh Gill | Malacca |
| 15 | Gunasegaran Singaravelu | Johore |
| 16 | Gnasegaran Egamparam | Penang |
| 17 | Joseph Au Kong Weng | Pahang |
| 18 | Kesavadas Achyuthan Nair | Negeri Sembilan |
| 19 | Selvarajoo Veloosamy | Negeri Sembilan |
For further information, please do not hesitate to contact Sumitha Shaanthinni Kishna, by telephone at 03–2031 3467 or by email at sumitha@malaysianbar.org.my .