Table of Content
1. burden of proof lies with the respondent to establish the claim. (Para 1 , 2 , 5)
2. standard of care in professional negligence cases must be established. (Para 3)
3. failure to follow procedural requirements in professional negligence. (Para 4 , 6)

[1] The appellant (a professional firm of advocates and solicitors) appeals against the decision of the learned High Court Judge who ruled that the appellant was liable in negligence and ordered for assessment of damages. The action arose in respect of opinion given by the appellant relating to intellectual property rights.

[2] The amended Memorandum of Appeal reads as follows:

"Shearn Delamore & Co, the appellant above-named, appeals to the Court of Appeal against that part of the decision of the Honourable Justice Dato' Kang Hwee Gee given at the Kuala Lumpur High Court on the 28 July 2006, as decides that the 2nd plaintiff's action in Civil Suit No: D5-22-260-1996 be allowed with costs and with damages to be assessed on the following grounds:

1. In allowing the respondent's (2nd plaintiff) claim in the action against the appellant (defendant) with costs and ordering that interlocutory judgment be entered for the respond

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