Family Law Party must appeal from identical judgement in another case A party to an appeal had an appeal rejected because she failed to appeal from another judgement which had identical claims to that case.Malcolm MifsudSeptember 7, 2023
Constitutional Law A delay in proceedings does not mean that a person does not serve his time in prison The Constitutional Court held that once a case was to be held with urgency, there was no need that the applicant be released from prison…Malcolm MifsudAugust 31, 2023
Civil LawProcedural Law A garnishee order may be reduced if the circumstances have changed If there is a change in circumstances which allow the reduction of a garnishee order, the Court may reduce or remove that garnishee order.Malcolm MifsudAugust 21, 2023
Civil LawProcedural Law Court of Appeal explains the Three Elements of the Plea Of Res Judicata The Court of Appeal upheld a plea that the case has already been decided on (res judicata), since there existed the three elements that make…Malcolm MifsudAugust 10, 2023
Criminal Law When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded The Court held that the Criminal Court has a discretion to award a punishment in cases of wilful homicide in terms of Article 492(2) of…Malcolm MifsudAugust 6, 2023
Company Law The Revival of a Company is Done For Exceptional Reasons The Court will revive a company which would have been struck off within five years only for exceptional reasons.Malcolm MifsudJuly 17, 2023
Criminal Law Fingerprints alone may be sufficient for an accused to be found guilty of theft There is no need of other circumstantial evidence, if fingerprints are found, in order to convict a suspect of theft. This was held by the…Malcolm MifsudJuly 14, 2023
Family Law Court grants divorce after the wife remarries The Court grants a divorce to the husband, when it is clear that the wife remarried.Malcolm MifsudJuly 2, 2023
Criminal Law Court must be precise on whether it is finding the accused guilty or not A judgement is null if it is not clear whether the court has found a person guilty or not of a crime.Malcolm MifsudJune 25, 2023
Property Law Legitimate expectations are not set in stone The changes in circumstances may allow a change in legitimate expectations. This was held by the Court of Appeal, presided over by the Chief Justice…Malcolm MifsudJune 19, 2023