Arbitration LawCivil LawProcedural Law Court of Appeal will not re-examine facts following a voluntary arbitration 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
Property Law Eviction from a tenement will be granted by the Rent Regulation Board only if it is an exceptional and last resort 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
Employment Law Court awards sum of wages owed to employee although employment contract was not in writing 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
Property Law Article 12 of Housing (DeControl) Ordinance in violation of human rights The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 21st June 1979, the…Malcolm MifsudNovember 8, 2019
Property Law Judicial review procedure cannot substitute the natural process of complaints The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposalMalcolm MifsudNovember 1, 2019
Commercial Law Bills of Exchange will not be enforced if they are a result of usury If the Court establishes that a bill of exchange has an element of usury, then it is empowered not to render it enforceable.Malcolm MifsudOctober 25, 2019
Civil LawProperty Law Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the…Malcolm MifsudOctober 18, 2019
Civil LawConstitutional Law Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them.Malcolm MifsudOctober 11, 2019
Civil LawProperty Law Co-owners may force a sale of common property The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement.Malcolm MifsudOctober 4, 2019
Civil LawProcedural Law Garnishee order must be issued by court competent to take cognizance of the matter The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to…Malcolm MifsudSeptember 27, 2019