MAY 9 — A well-known legal maxim is ubi jus ibi remedium. It means “where there is a wrong, there is a remedy.” Given the maxim, no wrong should be allowed to go without...
MAY 9 — A well-known legal maxim isGiven the maxim, no wrong should be allowed to go without any compensation if it can be redressed by the court of law.
“I would point out that it is neither necessary nor in accordance with the best traditions of pleadings to claim any specified sum in a statement of claim when claiming general damages. Particulars with figures for special damages have, of course, to be given but for general damages the proper prayer is ‘The plaintiff claims damages’.”[1965], Justice Raja Azlan Shah observed that it was a peculiar way of claiming general damages.
Accordingly, general damages might be quantified, in which case, a ceiling was fixed for the compensation to be awarded. Parties might also keep general damages at large so that the court might subsequently embark on an exercise to assess damages.In that case, the Court of Appeal was implored to review the ruling incase.
The rule has since been referred to by the courts in cases where the plaintiff quantified the general damages in the claim. For example, in the recent case of[2021], in a claim for defamation the plaintiff prayed for RM1.5 million as general damages.“General damages should not have been quantified. Doing so is in breach of Order 18 rule 12 of the Rules of Court 2012.”
In a claim for defamation, damages are 'at large.' There is no fixed scale or formula. Each case is to be decided on its own merits, based on its own facts and circumstances. — Reuters pic
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