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
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
An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be…
Malcolm MifsudJanuary 10, 2020
For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe…
Malcolm MifsudDecember 20, 2019
The falling out of any two spouses may be a messy affair. Questions of the heart more often than not, supersede legal considerations. Any matrimonial…
Malcolm MifsudDecember 19, 2019
Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason',…
Malcolm MifsudDecember 6, 2019
Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one.
Malcolm MifsudNovember 29, 2019
Although it is the lessee’s responsibility to perform acts of maintenance in accordance with the law and the lease contract, this does not mean that…
Malcolm MifsudNovember 22, 2019
An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity.
Malcolm MifsudNovember 15, 2019
