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ARTICLE · 11 MAY 2023

Discoveries In Maritime Claims: (Part Two) Pre-Action Discovery

In Discoveries in Maritime Claims: (Part One) Pre-Trial Discovery and Specific Discovery of Documents, we discussed the legal armouries available to a litigant within the Malaysian...

MalaysiaTransport

Introduction

In Discoveries in Maritime Claims: (Part One) Pre-Trial Discovery and Specific Discovery of Documents, we discussed the legal armouries available to a litigant within the Malaysian legal regime to gain access to relevant and necessary documents and/or information to support his case and/or undermine his adversary's in Court after a claim has been filed in Court.

In this Part Two of the series, we will discuss what a intended claimant can do to obtain documents/information to formulate a claim if the intended claimant still does not know:

  1. whether he has a valid claim; or
  2. who to sue.

Imagine this

Mr. A is a prime mover driver. He was driving a prime mover within the port premises on a rainy morning.

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