Cases
JUDGMENT
Ahmad Shahrir Mohd Salleh J:
Introduction
[1] This is a claim for professional negligence brought by the plaintiff against the defendants. At all material times, the defendants were partners in the law firm of Messrs Raslan Loong ("MRL"). MRL had been engaged by the plaintiff to advise and act on her behalf in relation to an investment scheme in the United Kingdom.
[2] The core issue in this action is whether the defendants, acting through the 1st defendant, breached their duty of care owed to the plaintiff. The alleged breach pertains to the failure to advise the plaintiff on several critical aspects of the investment scheme. The investment has since failed.
[3] These included the risk that the scheme might be classified as an unregulated collective investment scheme ("CIS") under the English Financial Services and Markets Act 2000 ("FSMA"), the legal enforceability of the guarantees said to secure the promised returns and the true legal character and associated risks of the contracts the plaintiff was induced to enter into.