CLP Classroom
The first ever law school podcast in Malaysia, focusing on CLP studies. It serves as a revision tool summarizing important cases and chapters for students taking the CLP exam. Additionally, it offers advice on building a strong mentality and coping with stress while studying.
Episodes
LAND #27 | When Does a Vendor Become a Bare Trustee?
Does Malaysia Courts recognise English equitable principles ? Does payment of full purchase price sufficient to give rise to bare trust concept ?For more information on the courses we offered, please visit www.clpexam.com
TORT #10 | Can a Hospital Be Liable for an Independent Doctor's Negligence?
What are the principles for vicarious liability ? What are the differences between vicarious liability and non-delegable duty of care ?For more information on the courses we offered, please visit www.clpexam.com
CIVIL PROCEDURE #47 | O.15 or O.16 ROC — Can a Defendant Force the Plaintiff to Sue Someone Else?
Can a plaintiff be compelled to sue someone he has no intention to sue? In a case involving few different parties, should the defendant go for O.15 adding co-defendant or should he go for O.16 third party proceeding ?For more information on the courses we offered, please visit www.clpexam.com
CIVIL PROCEDURE #46 | When Can You Apply for Substituted Service under O.62 ROC?
When can a party apply to serve by substituted service ? What are the requirements to be met before applying for substituted service For more information on the courses we offered, please visit www.clpexam.com
CONTRACT #21 | Deposit, Part-Payment or LAD — Can the Money Be Forfeited?
Imagine you buy a house and you paid RM 50,000 as upfront payment. You then decided not to proceed with the deal. Can the seller forfeit the RM 50,000 you paid as upfront payment ? Is that a deposit or part payment ?For more information on the courses we offered, please visit www.clpexam.com
ETHICS #14 | Can You Sue Your Lawyer for Negligence?
You hired a lawyer. He didn't perform as you like. You lost the case. Can you sue him for negligence ?For more information on the courses we offered, please visit www.clpexam.com
CONTRACT #20 | Section 74 — Hadley v Baxendale: Is Actual Knowledge Required to Claim Special Losses ?
What is the remoteness test in S.74 Contracts Act ? Is actual knowledge required to claim under special loss in second limb of Hadley Baxendale test ?For more information on the courses we offered, please visit www.clpexam.com
CONTRACT #19 | Illegal Contracts — Can You Still Get Your Money Back under S.66 CA?
What are the available remedies when a contract is discovered to be void ? Is restitution under S.66 Contracts Act available when both parties knew about the illegality when they entered into the contract ? For more information on the courses we offered, please visit www.clpexam.com
EVIDENCE #53 | Hostile Witness — What Happens When Your Own Witness Turns Against You?
What happens when a witness called by a party gives evidence that contradicts his earlier statement? This episode explains the concept of a hostile witness, the procedure under S.154 Evidence Act 1950, and the relationship between cross-examination and impeachment of credibility.For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #51 | What is the chain of remand under S.117 CPC, and how does the law prevent the police from abusing repeated remand applications?
What is "chain of remand", "road show remand" or "tukar gari" ? Is it legal or is it an abuse of process ?For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #50 | Can parties appear before the judge during revision?
Can parties appear and argue before the judge in during revision ? Do they have a right to appear ?For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #49 | Can an accused obtain a copy of the FIR?
Can the accused obtain a copy of the FIR ? Is FIR a privilege document ?For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #54 | What Is the Effect of Failing to Cross-Examine a Witness?
What happens if a party fails to cross-examine a witness on a material part of his testimony? This episode explains the evidential consequences of such failure, including the principles from Wong Swee Chin v PP and the requirement to put one’s case during cross-examination.For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #52 | The Defence of Alibi — What Does It Really Mean?
What exactly is the defence of alibi in criminal trials? This episode explains the meaning of alibi, the burden of proof, and the procedural requirements under S.402A Criminal Procedure Code.For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #51 | How to admit WhatsApp message in court ?
How can WhatsApp messages be admitted as evidence in court? This episode explains the legal requirements for admitting electronic communications, including issues of authenticity, relevance, and the application of S.90A Evidence Act 1950.For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #50 | Can a party recall a witness after case has closed ?
Can a party recall a witness after its case has been closed? This episode explains the court’s discretion to allow a witness to be recalled, the circumstances in which it may be permitted, and the limits imposed to prevent unfairness to the opposing party.For more information on the courses I offered, please visit www.clpexam.com
TORT #09｜Should living expenses be deducted for dependency and personal injury claim ?
What is the meaning of "living expenses" in the calculation of Loss of Future Earnings ? For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #48 | Should the power of revision be invoked if a decision is appealable ?
Revision is a supervisory power — appeal is a statutory right. But what happens when a decision is appealable yet a party seeks revision instead? This episode examines the general rule, its exceptions, and the role of miscarriage of justice in activating the High Court’s revisionary jurisdiction.For more information on the courses we offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #47 | Can a High Court transfer a case to another High Court ?
If a case is already before one High Court, does that court have the power to transfer it to another High Court of coordinate jurisdiction? For more information on the courses we offered, please visit www.clpexam.com
EVIDENCE #49 | Is corroboration required for child witness ?
When a child gives evidence in court, must the prosecution produce independent supporting evidence before a conviction can be sustained? We look at the latest amendment in this area and whether corroboration remains mandatory or discretionary.For more information on the courses we offered, please visit www.clpexam.com
EVIDENCE #48 | Is corroboration required for accomplice ?
An accomplice may testify against a co-accused, but can the court safely convict on that evidence alone? This episode explains whether corroboration is legally required, or merely a rule of prudence.For more information on the courses we offered, please visit www.clpexam.com
EVIDENCE #47 | Does litigation privilege fall under section 126 or section 129 of the Evidence Act 1950 ?
Litigation privilege protects communications made for the purpose of pending or anticipated legal proceedings — but where exactly does it sit within the Evidence Act 1950? We examine whether it properly falls under section 126, section 129, or whether the answer requires a deeper fundamental understanding.For more information on courses we offered, please visit www.clpexam.com
EVIDENCE #46 | Does Legal Professional Privilege Belong to the Client or the Solicitor?
Legal professional privilege protects confidential communications made for legal advice or litigation — but who actually owns that protection? This episode explores whether the privilege belongs to the lawyer who holds the information, or the client whose interests it safeguards.For more information on the courses we offered, please visit www.clpexam.com
EVIDENCE #45 | How CCTV evidence is admitted in a criminal case
How is CCTV footage actually admitted as evidence in a criminal trial? In this episode, we walk through the full legal process — from relevance and disclosure, to admissibility, proof under section 90A, common law principles, and why authenticity has become a critical issue in the age of digital manipulation.For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #44 | When is S.90A(6) applicable ?
How do we analyse and read S.90A(6) Evidence Act ? What are the relevant cases to this particular section ? In this episode, we explain why section 90A(6) is a narrow deeming provision, when courts are allowed to rely on it, and why it cannot be used to cure a failure to properly prove computer-generated documents.For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #46 | Should the judge order DNAA or DAA when Public Prosecutor discontinue the case under S.254 CPC ?
When the Public Prosecutor discontinues a criminal case under section 254 of the Criminal Procedure Code, should the court order a discharge not amounting to an acquittal, or a discharge amounting to an acquittal? In this episode, we unpack how judges interpret section 254, why different judicial approaches exist, and what really determines whether an accused walks free for good or can be charged
CRIMINAL PROCEDURE #45 | What is the difference between a summons and a warrant?
This episode explains the key differences between a summons and a warrant, and why the law treats voluntary attendance and compulsory arrest as two very different legal responses.For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #44 | Does Malaysian Law Recognise Constructive Arrest?
In this episode, we explore whether Malaysian law recognises the idea of constructive arrest, and why courts focus on factual restraint of liberty rather than labels or formal words of arrest.For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #43 | Is Section 27 Evidence Act subject to the Voluntariness Test in Section 24 ?
This episode examines whether information admitted under section 27 of the Evidence Act must satisfy the voluntariness test in section 24, and how Malaysian courts balance discovery-based truth against fairness in criminal trials.For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #42 | What are the differences between Section 32(1)(b) and Section 73A of the Evidence Act?
Section 32(1)(b) and section 73A are both hearsay exceptions, but they operate very differently — one is a strict rule for unavailable makers, while the other is a flexible civil procedure provision for documentary evidence.For more information on the courses I offered, please visit www.clpexam.com
LAND #26 | What is the difference between equitable lien and statutory lien ?
In this episode, we explain how a lien is created by deposit of title and intention, why an equitable lien and a statutory lien lead to very different enforcement routes, and how lodging a lien-holder’s caveat under the National Land Code changes everything.For more information on the courses I offered, please visit www.clpexam.com
LAND #25 | How buying a condo in Malaysia really works (From booking to title)
In this episode, we walk through the full journey of buying a condo in Malaysia, from paying the booking fee and signing the SPA, to vacant possession, strata title issuance, and final perfection of transfer and charge. We explain what rights you actually have at each stage and how bank security changes along the way.For more information on the courses I offered, please visit www.clpexam.com
LAND #24 | What is the difference between assignment under HDA and Non-HDA property?
In this episode, we explain how assignment works when strata title is not yet issued, why HDA properties follow a statutory notice-based regime under section 22D, and how assignment for non-HDA properties is governed by contract. We also discuss consent, administrative fees, and when charges imposed by developers can be challenged as unreasonable.For more information on the courses I offered, plea
CIVIL PROCEDURE #45 | Can an applicant claim damages on top of judicial review ?
In this episode, we explain how Order 53 rule 5 governs claims for damages in judicial review, why damages are not automatic, and when an applicant must show an independent cause of action. We also discuss why courts treat damages as ancillary relief and when a separate civil action may still be required.For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #44 | What is submission of no case to answer ?
In this episode, we explain what a submission of no case to answer is, when it can be made, and why it is a high-risk move for defendants in civil trials. We also break down the election requirement, what happens if the submission fails, and why the court must still assess whether the plaintiff has proved its case in law.For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #43 | What is consent order and when can it be set aside ?
In this episode, we explain what a consent order really is — a court-endorsed agreement with contractual and judicial force — and when it can be challenged or set aside. We break down the limited grounds for setting aside a consent order, including contractual vitiating factors and situations where the order is void for lack of jurisdiction or breach of natural justice.For more information on the
EVIDENCE #41 | How to admit audio recordings in court ?
What are the common law rules in admission of audio recordings in court ? What about S90A Evidence Act ?For more information on the courses I offered, please visit www.clpexam.com
LAND #23 | Case analysis on RHB v Dato' Muhammad Hamzah
If a bank has already obtained order for sale, does the Limitation Act stop them from fixing new auction dates later on ?For more information on the courses I offered, please visit www.clpexam.com
LAND #22 | What are the differences between Public Search vs Official Search - and can you claim compensation under S386 NLC ?
Can a party claim compensation pursuant to S386 NLC relying on the wrong information supplied on a public search S384 ? What are legal principles in the case of Pendaftar Hak Milik v Poh Yang Hong ?For more information on the courses I offered, please visit www.clpexam.com
LAND #21 | What are the differences between Form 16D vs Form 16E ?
When does a chargee need to send Form 16D or 16E ? Is there a difference between both of them ? Will the wrong form sent amount to cause to contrary ?For more information on the courses I offered, please visit www.clpexam.com
LAND #20 | The Double Bona Fide Rule In Indefeasibility
Who is immediate purchaser ? Who is subsequent purchaser ? There have been cases such as Federal Court decision of Setiakon v Mak Yan Tai or the case of Kamarulzaman v Yakub Husin where the judges come up with the analysis that immediate purchaser must be bona fide before protection applies. It's a totally different judicial approaches compared to the analysis in the case of Tan Ying Hong or
TORT #08 | What are the differences between public and private nuisance ?
Nuisance is an unlawful interference with a person's use or enjoy land of land. Do you know there are two types of nuisance - public nuisance and private nuisance ?For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #42 | Comparing Stakeholder vs Sheriff Interpleader
What is Interpleader Proceeding ? Do you know there are two types of interpleader proceeding, namely stakeholder interpleader and sheriff interpleader ?For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #41 | What is pre- action discovery under O24 r7A ?
Assuming you went to the hospital for a surgery and developed complication afterwards , but you are not sure who caused the medical negligence. What can you do ? You may apply for pre-action discovery against the hospital, seeking medical record to determine potential parties. For more information on the courses I offered, please visit www.clpexam.com
TORT #07 | Principles of Ryland v Fletcher
Ryland v Fletcher is landmark British case that established the strict liability for damages caused by escape of hazardous substance from a person's land. What are the principles in Ryland v Fletcher ?For more information on the courses I offered, please visit www.clpexam.com
LAND #19 | Case Analysis on Samuel Naik Siang Ting v Public Bank
What happen in the case of Samuel Naik Siang Ting v Public Bank ? What are the principles of bare trust concept ?For more information on the courses I offered, please visit www.clpexam.com
CONTRACT #18 | Lim Swee Choo v Ong Koh Hou — Why Berjaya Times Square Was Overruled
The Federal Court case of Berjaya Times Square case has attracted much criticism over the past 10 years, and finally there's a case now that overruled it. For more information on the courses I offered, please visit www.clpexam.com
LAND #18 | Is Malay Reserve Land the Same as Bumiputera Lots?
We often heard the term "Bumi lots" ? Are they the same with "Tanah Rizab Melayu" ?For more information on the courses I offered, please visit www.clpexam.com
TORT #06 | What Is the Test of Duty of Care in Malaysia?
What is the test for duty of care of tort in Malaysia ? Is it neighbourhood principle test ? Is it Caparo test ? For more information on the courses I offered, please visit www.clpexam.com
ETHICS #13 | Judicial Review under Section 103EA(6): When Can Lawyers Go to Court?
When can you go for judicial review against a decision of the Disciplinary Board ? Can you go for judicial review an against a decision other than the final decision of Disciplinary Board ?For more information on the courses I offered, please visit www.clpexam.com
CONTRACT #17 | What is exemption clause in contract law ?
Have you ever got a parking ticket and behind it written the words "Park at your own risk" ? What does it mean ?For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #40 | Where Can the Sessions Court Sit? Understanding Territorial Jurisdiction
Which session court should you file your case ? Does each session court enjoy co-ordinate jurisidiction ?For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #39 | Arbitration Stay & Limitation: From Press Metal to Bongsor Bina
Can a court case be stopped because of an arbitration clause? In this episode, we look at Section 10 of the Arbitration Act, the Press Metal case, and how limitation was handled in Bongsor Bina case. For more information on the courses I offered, please visit www.clpexam.com
CONTRACT #16 | What are the remedies for misrepresentation in contract law ?
From online shopping scams to property deals — this episode explains fraud and misrepresentation in clear, everyday language, with real examples and how Malaysian law protects you.For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #43 | It is lawful for the police to release a suspect on police bail under s 388 of the CPC after the said suspect has been released from the remand order by a magistrate under s 117 CPC ?
Can the police release an accused under bail after S117 CPC remand order ?For more information on the courses I offer, please visit www.clpexam.com
LAND #17 | Does payment of deposit under a sales and purchase agreement give rise to a caveatable interest even when no contract was concluded ?
Must there be a concluded contract to give rise to caveatable interest ?For more information on the courses I offered, please visit www.clpexam.com
ETHICS #12 | What are the requirements to admit a lawyer under S18 Legal Profession Act ?
How can a foreign lawyer be admitted under S18 Legal Profession Act ?For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #42 | In capital punishment cases, when should the Public Prosecutor transfer the case to High Court ?
Can the judge transfer the case to High Court without consent of the Public Prosecutor in capital punishment cases ? Do the principles for transfer under S41A Dangerous Drug Act applies equally to S177A Criminal Procedure Code ?For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #38 | Is defendant entitled as of right to claim damages against the plaintiff for an injunction that was set aside ?
Can a defendant ask for assessment of damages when the injunction obtained against him was set aside ?For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #37 | Case analysis on Ahmad Jefri Mohd Jahri
In an application to challenge the decision of public authority, should O53 be the only mandatory procedure for an aggrieved party to challenge the decision of a public body ? Can he proceed by way of writ or originating summons ?For more information on the courses I offered, please visit www.clpexam.com
CONTRACT#15 | What is the common law rule laid down in Hadley Baxendale ?
How do we determine if a loss is too remote or within contemplation ? What is the rule of Hadley Baxendale ?For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #41 | What is bail and what is bond ?
Is bail and bond the same thing ? We tend to use them interchangeably but technically speaking they are different For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #40 | When is a criminal proceeding instituted in court ?
In a criminal proceeding, when does the judiciary comes into the picture ? Where is the dividing line whereby Public Prosecutor has completed his part and thereby judiciary is being invited into the case ?For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #40 | What is the defence of alibi ?
What is the procedure for tendering evidence of alibi ? What amounts to defence of alibi ?For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #39 | What is a hostile witness ?
How do you discredit the evidence given by hostile witness ? Must you impeach a hostile witness ?For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #39 | Should the evidence of a children witness be corroborated ?
There has been a new amendment with regard to how children give witness recently (March 2025). So what has changed ? Must evidence of children be corroborated ? Are children competent witness ?For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #38 | Should the evidence of an interested witness be corroborated ?
Who is an interested witness ? Should the evidence of interested witness be corroborated ?For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #37 | Should the evidence of accomplice be corroborated ?
Who is an accomplice ? Should his / her evidence be corroborated ?For more information on the courses I offered, please visit www.clpexam.com
LAND #16 | Case analysis on Thameez Nisha v Maybank
Have you read before the Federal Court case of CIMB Bank v Sivadevi ? How is it related to the Federal Court case of Thameez Nisha v Maybank ?For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #36 | Case analysis on Pannir Sevam Sinnaiyah v Tan Chia Foo
The case of Pannir Selvam discussed on quite a few issues that are related to your CLP syllabus, including S340 National Land Code, similar fact evidence, parole evidence rule etc. Let's discuss this case in this episodeFor more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #34 | Will failure to object on the admissibility of inadmissible evidence make it admissible ?
Assuming that prosecution tender a piece of hearsay evidence with no objection from the accused, will this piece of inadmissible hearsay evidence become admissible now ? For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #33 | Is ID evidence admissible ?
What is ID evidence ? Is ID evidence admissible in court ?For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #39 | Is the power of Public Prosecutor to institute, conduct and discontinue pursuant to Art 145(3) subject to judicial review ?
The Public Prosecutor has absolute power and discretion to institute, conduct and discontinue a proceeding in court. Is this discretion given under Art 145(3) Federal Constitution subject to judicial review ? For more information on the courses I offered, please visit www.clpexam.com
ETHICS #11 | Case analysis on Lokman Noor Adam v PP
In 2019, Lokman Adam made a police report and on the same day held a live press conference with respect to the evidence given by a witness in the 1MDB trial. Lokman Adam was then charged for contempt of court. What is contempt of court ? For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #38 | Will the non compliance of S51A Criminal Procedure Code by the Prosecution make the trial a nullity ?
S51A is a newly inserted section to codified the responsibility of prosecution to submit a list of of documents to the accused before the commencement of the trial. Is S51A mandatory ? Must prosecution provides every single document that he has to the accused under S51A ?For more information on the courses I offered, please visit www.clpexam.com
CRIMINAL PROCEDURE #37 | Case analysis on Siti Aisyah v PP
Siti Aisyah is the well known case on murder of Kim Jong Nam. In this Court of Appeal case, one main issue being deliberated is whether S112 CPC police statement is privilege document and whether those accused may apply to have those statement pursuant to S51 CPC ?For more information on the courses I offered, please visit www.clpexam.com
CIVIL PROCEDURE #36 | Can the court add a co-defendant against the wishes of the plaintiff ?
Can a defendant be added against the wishes of the plaintiff ?For more information on the courses I offered, please visit www.clpexam.com
LAND #15 | Is payment of compensation mandatory under S329 National Land Code when there is a wrongful entry of caveat ?
When caveator has wrongfully entered a caveat on the land, is it mandatory for the caveator to pay compensation to the caveatee ? Does the caveatee has to prove anything ?For more information on the courses I offered, please visit www.clpexam.com
You won't get anywhere if you keep complaining about the same problem but do nothing to fix it
When you are confronted with a problem, do you complain first or do you solve it head on ?For more information on the courses I offered, please visit www.clpexam.com
EVIDENCE #32 | Can a witness refresh his memory as of right ?
A witness may not be able to remember the statement he has given to the investigation officer if it was given long time ago. Can he refresh his memory by looking at the statement during the trial ?For more information on the courses I offered, please visit www.clpexam.com
