Constitutional Law A fair trial includes on whether a judgement can be enforced When examining whether there was a fair trial, a constitutional court will not only examine what took place before or during the court proceedings but…Malcolm MifsudApril 4, 2021
Commercial Law Prescription period starts upon last entry of the account A commercial account between two companies starts not when the order was effected but when the account is liquated. This was held in a judgement…Malcolm MifsudMarch 28, 2021
Civil LawProcedural Law Penalties imposed on who issues needless warrants is a question of public order The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not…Malcolm MifsudMarch 21, 2021
Administrative Law There is no judicial review for decisions refusing citizenship applications The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review.Malcolm MifsudMarch 14, 2021
Arbitration Law Appeals from arbitration awards are limited to legal points The Court held that an appeal from an Arbitration award was inadmissible at law because it dealt with the merits of the case and not…Malcolm MifsudMarch 7, 2021
Criminal LawFamily Law Maintenance must be paid until it is decided otherwise An order to pay maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offenceMalcolm MifsudFebruary 21, 2021
Company Law Lawyers’ obligations cease when company is struck off A law firm engaged by shareholders to set up a company and other services cease when the company is eventually struck offMalcolm MifsudFebruary 14, 2021
Civil LawProcedural Law Guarantees offering general and special hypothecs in favour of a bank, more than adequate security The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants.Malcolm MifsudFebruary 7, 2021
Property Law Commercial leased properties must be made use of Commercial premises will be terminated if it is not being made use of.Malcolm MifsudJanuary 31, 2021
Financial ServicesProcedural Law Filing late reply before Arbiter for Financial Services has consequences The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies.Malcolm MifsudJanuary 24, 2021