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Functions of the Civil Division Unit

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Functions of the Civil Division Unit
 

In 2001, the Division recognized the need for specialization to effectively meet the challenges of present day litigation. Four units were established, namely the Constitutional and Administrative law Unit, the Contract and Medico-legal Unit, the Tort and Statutory Duties Unit and also the Arbitration Unit. In mid-2003, the Execution and Enforcement Unit was established as the fifth unit of the Civil Division and these units perform the core functions of the Civil Division today

The scope of legal work within the respective units is as follows:-
The Constitutional and Administrative law Unit
 

Head of Constitutional & Administrative Law Unit
Noor Hisham Ismail
 
This Unit handles all litigation where constitutional issues arise for judicial pronouncement. The recent years have seen an increase in litigation pertaining to fundamental liberties enshrined in the Federal Constitution, touching on issues pertaining to freedom of religion, equality, freedom of association and even citizenship. Apart from constitutional issues, decisions of administrative bodies by way of judicial review have also been a frequent subject-matter of litigation, which is again handled by this Unit. The defence of disciplinary authority decisions forms quite a substantial part of the work in this Unit.
 
 
The Contract and Medico-Legal Unit
 

Head of Government Contracts and Medico-Legal Unit
Mohd Radhi bin Abas
 

All litigation pertaining to government contracts which do not proceed to arbitration are handled by this Unit. The Government contracts which have resulted in litigation range from goods sold and delivered to complex construction and IT contracts involving multi-million dollar claims. This Unit also conducts the defence of litigation against the public health providers in this country. The Unit officers do not function only as defence counsels in the civil suits, but also as legal advisers in medico-legal problems posed by public hospitals and the Ministry of Health.

 
 
The Tort and Statutory Duties Unit
 

Head of Tort and Statutory Duties Unit
Azizan bin Md Arshad
 

All tortious claims apart from medical negligence are handled by this Unit. This would include running down actions, defamation, trespass to persons and other personal injury claims against public authorities and public officers. The exercise or refusal to exercise duties imposed by statute are also amongst the various suits handled by this Unit. Intellectual property, an emerging area of litigation, as well as claims on trespass and nuisance, fall within the responsibility of this Unit.

 
 
The Execution and Enforcement Unit
 

 

Head of Execution and Enforcement Unit
Mohammad Al-Saifi bin Haji Hashim
 
This Unit conducts post-judgment actions. It is essential that judgments obtained by the Government be enforced to completion. This Unit is therefore responsible to enforce the judgment sum by taking execution proceedings against the Defendant. In a successful claim, this Unit recovers cost awarded to the Government and defends the Government as a taxing party in taxation proceedings where costs are to be recovered against the Government.
 
 
The Arbitration Unit
 

Head of Arbitration & Alternative Dispute Resolution Unit
Chandra Devi a/p Letchumanan
 
The Unit handles claims where the dispute is to be resolved in arbitration proceedings. Most of the claims handled in this Unit relate to construction contracts involving substantial amounts which a party seeks to be awarded by the arbitrator. Occasionally, the claims may involve international arbitration proceedings.
 

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Last Updated

Monday, 20 October 2014, 10:16 AM

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