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The Practitioner's Guide To Defamation Law

Author :  Harish Nair, Amanda Loh

Product Details

Sweet and Maxwell, Malaysia
ISBN 9786297527451
Format HardBound
Language English
Year of Publication 2023
Bib. Info DUo (Hardback+Proview ebook), 612p.
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Product Description

This publication sets out all the relevant law and procedure pertaining to an action for defamation in court along with practical guidance on reputation management. It is a practical guide towards both the prevention of and the cure for defamation cases. Templates and sample documents add value to the explanation of legal principles covered in this book. Laid out in a practical and structured manner, this book clearly explains (a) the parties that may sue and be sued in defamation; (b) the elements that make up a claim; (c) the defences that may be relied on by publishers; (d) the remedies that are available to a successful litigant; and (e) the procedural aspects relevant to pursuing or defending an action. This book is invaluable in handling any defamation litigation, providing clear guidance on the procedural aspects relevant to pursuing or defending an action. Substantiated views are given on the more uncertain areas of the law. In-depth analysis is made on the Malaysian position on the Derbyshire principle, following three judgments of the Federal Court (Chong Chieng Jen v Government of State of Sarawak, Lim Guan Eng v Ruslan bin Kassim and Lim Lip Eng v Ong Ka Chuan) which consider whether a government body should be allowed to sue in defamation. The position of the defence of reportage in Malaysian law which is of topical interest is surveyed through the consideration of the Federal Court’s decision in Mkini Dotcom v Raub Australian Gold Mining. Well-researched and comprehensive, this is an indispensable guide for the successful conduct of defamation matters.

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