In the Courts (May) - Court of Appeal rejects Appeal for Retrial over "Incompetent" Lawyer

Court of Appeal rejects Appeal for Retrial over “Incompetent” Lawyer

A recent matter handled by our Dispute Resolution team was featured in the news following a decision of the Court of Appeal.

We represented the first and second Respondents in an appeal where the Appellant sought, amongst others, a retrial of a civil suit on the basis that his previous trial counsel had been “flagrantly incompetent“.

On 13.5.2026, the Court of Appeal unanimously dismissed the appeal. The Court held, amongst others, that the high threshold required to establish “flagrant incompetence” had not been met and that there was no basis to attribute blame to the trial counsel.

The Court of Appeal further ordered the Appellant to pay RM 90,000 in costs to the Respondents.

The matter was handled by our Nicholas Yap and Amanda Yap.

Our Dispute Resolution practice specialises in high-stakes civil, commercial and corporate disputes, including shareholders’ litigation, breach of contract, and debt recovery. We have experience representing clients at all levels of the Malaysian Courts, providing strategic and commercially sensible solutions to complex legal challenges.

If you require advice or representation in a legal dispute, please reach out to our team via our contact page.