THE DEVELOPMENT OF PRIVILEGED COMMUNICATION RULES UNDER THE MALAYSIAN EVIDENCE ACT 1950

Abstract

In civil disputes, parties often seek to resolve their issues outside of court using alternative dispute resolution (ADR) methods, such as negotiation. If negotiations fail, the matter may be brought to court. Under section 23 of the Malaysian Evidence Act 1950, statements made during negotiations that are marked "without prejudice" are generally considered privileged and inadmissible in court. This raises questions about whether the current legal framework adequately addresses the applicability of the "without prejudice" privilege. Is this rule absolute, or are there exceptions that limit its scope? This paper aims to explore these issues, evaluating whether legal reforms and new mechanisms are needed to adapt the "without prejudice" privilege to contemporary legal challenges.

Keywords

• outside court
• negotiation