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
Employment Law Appeal from a decision of the Industrial Tribunal must be on a point of law 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
Criminal Law When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory 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
Family Law Legal considerations on marriage separations in the corporate world 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
Civil LawProcedural Law Court refuses to decide on the merits of an executive garnishee order 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