In the law of evidence, certain subject matters cannot be inquired into because they are privileged. For instance, the without prejudice privilege will protect the subject matter and render it inadmissible at law. The reason is that it is in the public interest to encourage the disputed parties to reach a compromise without judicial interference and to keep litigation at a minimum. Thus, the court is keener to enlarge the cloak under which negotiations may be undergoing without prejudice. Furthermore, while negotiating, those statements often relate to the offer of a compromise, and the rationale behind this is that if it were not privileged, those statements would constitute significant evidence because they were admissions in nature.

In the United Kingdom ('UK'), it is well-established that communication marked 'without prejudice' between the parties seeking to compromise a settlement may be inadmissible in civil proceedings. The rationale behind this is the public interest in promoting 'out of court' negotiations. The same principle has been adopted and embodied into our jurisdiction via the s. 23 of the Evidence Act 1950 as follows:

In civil cases, no admission is relevant if it is made, either upon an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.

What law applies to torts and non-contractual wrongs in the online virtual world when the parties and acts traverse different jurisdictions? How does the choice of law rules operate? What novel approaches to this area of law and to online dispute resolution are possible in the horizon? This article explores these questions.

Introduction

Let us imagine that someone in the metaverse or on the Internet did a wrong to you (outside of a contractual relationship), e.g. defamed you, cheated you, or passed off as your business. That someone is from another country A. The act had effects in yet another country B. Or the act was done such that technically, the relevant communications were published in a physical server in yet another country C. What law would apply to your claim?

While there may be choice of law clauses in the terms of use of the metaverse service or the virtual platform, these apply to the relationship between the service provider and the user. They do not apply to the wrongs done between users of the service or the platform. The law on this issue is complicated although it may appear deceptively intuitive.

By the provision of section 36(1) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) ('Constitution of Nigeria'), every accused is entitled to the right to a fair hearing and the presumption of innocence until proven guilty in accordance with the procedure permitted by law. In a complementary manner to the Constitution, the country's Administration of Criminal Justice Act, 2015 provides for a host of procedures which shall be complied with by the police in a criminal investigation. Among the provisions are sections 6, 15(3) and 17(2) of the Act, which provides a suspect with the right to silence until after consultation with a legal practitioner of his choice, members of the Legal Aid Council, and members of civil society or other persons of his choice. The Act requires further that statement, when volunteered, shall be video or audio recorded in the presence of a counsel for the suspect or other persons of his choice without providing consequences for non-compliance. In contrast, the country's Evidence Act, 2011 provides for the admissibility of evidence improperly obtained where the same is relevant. In this paper, the writer uses the doctrinal research method to explore whether the legal regime on the admissibility of improperly obtained evidence under the 2011 Act is inconsistent with the international standard on the right to a fair hearing enshrined in the Constitution. In the final analysis, the writer makes recommendations for reform.

Program Introductory Speech

YAA, YA and to all my learned jurists, members of the media, ladies and gentlemen. Foremost, I take this opportunity to thank Jabatan Kehakiman Syariah, Malaysia for inviting me to present my concept now popularly referred to as University cum Court Annexed Arbitration, as well as my methodology to train a tsunami of arbitrators in a single-day program referred to as 'JANAB's Arbitration Moot Court and Award Writing' with my team (Datuk Bastian Vendargon, Datuk Joy Apukuttan, Encik Thiages and Dinesh Nandrajog) from Affordable Arbitration and ADR Chambers PLT. This program has the support and backing of MAHSA University and forms part of the university's social justice initiative. This program has been featured in the Current Law Journal and has its support. My heartfelt thanks go out to them (https://adrarbitrationchambers.com/).

University cum Court Annexed Arbitration concept is a researched concept facilitated by the Middle East Institute, National University of Singapore. The concept is crystalized in a booklet which can be downloaded for free from Janab's Publication website (www.janablegal.com). Since its publication, the concept has received many positive reviews from many jurists from within Malaysia as well as outside the country. One of such jurist that has reviewed and accepted the concept in 2018 is none other than YAA Dato' Setia Dr Haji Mohd Naim bin Haji Mokhtar.

AUSTRALIA
Employment
Unions and employers agree 40,000 more migrants a year needed to fill Australia’s skills shortage
Unions and employers have agreed Australia should lift its migration intake by 40,000 annually to help fill skills shortages and demanded a boost to apprentice subsidies. The consensus suggests the Albanese government could secure broad support for some policy reform at its jobs and skills summit in September, although the Australian Chamber of Commerce and Industry (Acci) will use a major speech on Wednesday to reject more ambitious union requests. The Australian Council of Trade Unions (ACTU) has called for price controls on electricity and a windfall profits tax, which Acci’s chief executive, Andrew McKellar, will reject as “throwbacks to a forgotten and bygone era” at the National Press Club.

MALAYSIA
Employment
Temporary freeze on hiring foreign workers lifted from Aug 19
The temporary freeze on applications to hire foreign workers will be lifted starting this Friday (Aug 19), says Human Resources Minister Datuk Seri M. Saravanan. He said although the temporary freeze had been decided upon earlier, the new decision was made after taking into consideration the request from the industries. "I’ve decided to approve (the industries’ request), so the freeze has been lifted and we will process the new applications from this Friday. "We’ve decided that all the earlier applications to hire some 400,000 foreign workers to proceed before the end of this month,” he told reporters after meeting with several business associations at Wisma HRD Corp here on Tuesday (Aug 16). Saravanan said to better understand the issue of foreign workers, the ministry had set up a special committee of 15 members from the industries and five representatives from the Human Resource Ministry.