Property Law Co-owners cannot block the use of other co-owners Co-owners must make use of the property in common as long as it is done in the best interest of the co-ownership. This was held…Malcolm MifsudMarch 22, 2024
Commercial LawCompany Law A creditor may ask a company to be revived A company which is owed money from a company which has been struck off the Companies Register may ask the Court to revive the company…Malcolm MifsudMarch 13, 2024
Civil LawProcedural Law The elements of a retrial must be cumulative When arguing for a retrial, the elements of a retrial must all exist. This was held by the Court of Appeal in Paul and Carmen…Malcolm MifsudMarch 3, 2024
Financial Services Appeals Court rakes in favour of the Commissioner of Revenues The Court of Appeal held that the Court does not have the competence to determine whether the Revenues Commissioner had a title or not over…Malcolm MifsudFebruary 21, 2024
Civil LawProcedural Law Distinction must be made between the merits of an executive title and the formality of an executive warrant The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the…Malcolm MifsudFebruary 15, 2024
Civil Law Any doubt on whether the action is time barred should go in favour of the plaintiff The party claiming that an action is time barred should prove this. However, any doubt should sway in favour of the plaintiff. This was the…Malcolm MifsudFebruary 7, 2024
Criminal Law The date of a judgement is essential for its validity An incorrect or an unclear date of a criminal judgement will annul the judgement itself. This was held in the Police vs Eyob Melake Ecobagaber,…Malcolm MifsudFebruary 1, 2024
Administrative LawFinancial Services Tribunal must decide on all grounds of appeal The Financial Services Tribunal was asked to decide on two grounds of appeal and not just one. This was held in Corporate & Commercial FX…Malcolm MifsudJanuary 21, 2024
Civil LawMaritime Law Maltese court has jurisdiction of vessels found in Malta’s territorial waters The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta. The same provision also applies to…Malcolm MifsudJanuary 19, 2024
Civil Law Contractor must charge at rates listed in quotation A contractor cannot inflate the price of extra works, if the parties had agreed on the rates, before the works started. This was held by…Malcolm MifsudJanuary 10, 2024