Refleksi Minda

This week I was again sent to Swansea to undergo a placement for 3 days. This time, it was in the Swansea County Court, as opposed to the Crown Court which I went to in October. For the uninitiated, the County Court deals with civil claims, in laymen terms, cases where people ’sue’ other people, either for breach of contract, negligence, property disputes and the like. I was ’shadowed’ a District Judge, basically the ‘lowest’ judge that can deal with civil claims.

It was a highly interesting experience. I did not actually get to see a real trial, just mundane suspension of mortgage possession cases, declarations of bankruptcy and preliminary case management directions (that is, the first step in courtroom trial, ascertaining what the dispute is about and setting the timetable of the case). What made it interesting is actually witnessing the civil process and procedure which I laboriously learnt for the past few months in practice.

I have to say, it made me look forward to actually doing it. I have to admit that I am more familiar with how the English system works than that of Malaysia. I would think that there would be substantial differences between the two jurisdiction, especially in civil cases. This is because the civil litigation process have undergone a significant overhaul in England and Wales with the enactment of the Civil Procedure Rules back in the 90s. As such, even if at one time the system in Malaysia is similar to that of England and Wales, the changes meant that any similarities that remain will likely be fundamental. What this means is that when it is time for me to come back home, I would have to take some time to learn the procedure that is in our country.

At this point in time, I have to say that I am highly intrigued to know how the civil (as well as criminal) process in Malaysia works. I want to see how different the two jurisdictions are, especially with the fact that in Malaysia there is no such distinction between Barristers and Solicitors (for the uninitiated, Barristers are lawyers who make representations in court, Solicitors are lawyers which deal with most of the out of court work). I also want to see Malaysian lawyers in action, like how do they make court submissions, as well as the language used (I would think it would be mostly in bahasa although I am still not sure). Basically after this week’s experience, I can’t wait to go back home and practice!

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