In Malaysia, jurisdiction of the subordinate courts has been based on monetary value of the claim unlike in Britain where the nature of the cause of the action is relevant.

In many cases in the subordinate courts, although the monetary value is within the jurisdiction, the remedies are only within the power of the High Court and the case has to be transferred or re-filed at the High Court.

It is only right that the Sessions Court be given the power to order injunctions, declarations, etc, as these are only ancillary orders to be made. Sessions court judges have more than 10 years of experience and are competent to decide and grant these orders especially when the lawyers from both sides put in their submissions.

The knowledge of the sessions court judges on these matters is acquired in the law schools just like the judges and so there is no disadvantage.

There is no country in the world where there is no backlog of cases. Laws can be amended, streamlined, standardised and uniformised. Most laws do not keep up to the march of society.

As an Indian lawyer said, the law is three generations behind time, judges are two generations behind time and lawyers are one generation behind time!

While we are at it, it is better to simplify and consolidate our laws and rules of procedure. The dichotomy between the subordinate courts and the high court rules has to be abolished. There ought to be only one Rules of Court as in Singapore and the UK.

Further the three Acts, namely the Court of Judicature Act 1964, the Subordinate Court Act 1948 and the Subordinate Courts Rules Act 1955 have to be consolidated.

Lastly, the name ‘sessions court’ has to be changed to ‘District Court’ as in Singapore. People hate change even though it may be for the better. Someone has to think and make the change.