BEYOND STATUTORY ENFORCEMENT: MALAYSIA’S APEX COURT DISMISSES A COMMON LAW ACTION FOR ENFORCEMENT OF FOREIGN JUDGMENT DUE TO FAILURE TO ADDUCE THE FOREIGN JUDGMENT

There is a simple, but fundamental, difference between a statutory enforcement under Reciprocal Enforcement of Judgments Act 1958 (“REJA”) and a common law action.  REJA covers cases where a judgment creditor wants to enforce a decision from a jurisdiction which enforces Malaysian court judgments (the so called ‘reciprocity’).  When REJA applies, the foreign judgment can … Read more

HERBERT SMITH FREEHILLS PARTNER MIKE MCCLURE APPOINTED KING’S COUNSEL

We are very proud to announce that Seoul-based partner Mike McClure has been appointed King’s Counsel (KC) in England and Wales. Mike will be the fourth KC currently practising at Herbert Smith Freehills, joining Paula Hodges KC, Simon Chapman KC and Chris Parker KC. Home-grown talent, Mike McClure joined Herbert Smith’s international arbitration group in … Read more