Civil LawConstitutional LawProperty Law Court should limit itself to claims The civil court should always follow its procedure, even if a constitutional law issue is raised.Malcolm MifsudApril 10, 2020
Administrative Law Warrant upheld once it is satisfying all the requests A warrant of prohibitory injunction may be issued once that the three elements are all adhered toMalcolm MifsudApril 3, 2020
Civil LawProcedural Law Changes to names of parties of a lawsuit may be corrected The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further.Malcolm MifsudMarch 27, 2020
Civil LawProcedural Law Court will use principle of proportionality to determine whether a party can appeal a judgement in parte The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer…Malcolm MifsudMarch 6, 2020
Commercial Law When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by…Malcolm MifsudFebruary 28, 2020
Administrative Law Any administrative act may be scrutinised by the Administrative Review Tribunal The Administrative Review Tribunal is competent to hear and decide any administrative act or measure taken by a public authorityMalcolm MifsudFebruary 21, 2020
Civil Law No prescription among co-debtors When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debtMalcolm MifsudFebruary 14, 2020
Family Law Grandparents’ juridical interest to request access to grandchildren EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best…Malcolm MifsudFebruary 7, 2020
Civil LawCompany Law When signing an agreement, you are bound by that agreement When one signs an agreement that would be an indication that he or she would be agreeing to all the terms of the agreementMalcolm MifsudJanuary 31, 2020
Civil LawProcedural Law Court outlines the essential elements needed for a judgement to be found ‘res judicata’ Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that…Malcolm MifsudJanuary 17, 2020