Mandatory Requirement To Serve Writ And Statement Of Claim On Defendant In Respect Of Road Accident Claim

Dear Members of the Kuala Lumpur Bar,

The Civil Practice & Court Liaison Committee has received feedback from Tuan Ashraf Rezal Bin Abdul Manan (Supervising Deputy Registrar, Commercial Division of the Kuala Lumpur High Court) concerning a noticeable increase in members failing to serve and/or delaying service of cause papers (ie: the Writ and/or the Statement of Claim) to the Defendant(s) in respect of road accident claims.

The Court observes that the Plaintiffs would only make timely service of the cause papers on the Insurance company.

 

In view of this, Members are reminded that:

1. In addition to the duty under Section 96(2)(a) of the Road Transport Act 1967 to serve the Writ and cause papers on the Insurance company, solicitors are also under an obligation, pursuant to Order 10 Rule 1 of the Rules of Court 2012 to serve the Writ and cause papers on the Defendant(s);
2. In accordance with the requirement under Order 10 Rule 1 of the Rules of Court 2012, a first attempt of service of the Writ must be carried out not later than one month from the date of issue of the Writ;
3. Failure to comply with the said requirement may result in the Court making the appropriate order(s), including but not limited to striking out the action.

We trust that Members will observe their obligations when conducting their matters as above.

 

Vivekananda Sukumaran
Chairman
Kuala Lumpur Bar Committee

Nimalan Devaraja
Chairperson
Civil Practice & Court Liaison Committee