Administrative LawCivil LawEmployment Law A court cannot stop an action which has already taken place A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place. This was decided in…Marthese HiliApril 29, 2025
Civil LawProcedural Law Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited…Marthese HiliApril 19, 2025
Civil LawProperty Law When the wording of a contract is clear there is no need for any other interpretation The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of…Marthese HiliMarch 28, 2025
Civil LawProcedural Law When there is no defence, the plaintiff still has to prove the case When the defendant fails to file a statement of defence, this does not mean they are admitting to the claims of the plaintiff. This was…Marthese HiliMarch 22, 2025
Civil LawProcedural Law A request for retrial cannot be made to contest the interpretation of First Court A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court. This was held in…Marthese HiliFebruary 15, 2025
Civil LawProperty Law Damages lawsuit requires proof of direct link between action and its alleged consequences An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed.…Marthese HiliDecember 28, 2024
Civil LawProperty Law Payment of rent by agricultural produce has to be subject to a written agreement An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement. This was held…Marthese HiliNovember 22, 2024
Civil Law Producing no evidence may imply responsibility If a party to any action does not produce any evidence in a damages case, it may implicitly admit to responsibility. This was held in…Marthese HiliNovember 16, 2024
Civil LawProcedural Law When enforcing a foreign judgement, the Maltese Courts should not carry out a retrial In a decree issued by the First Hall of the Civil Court in Dr Malcolm Mifsud noe vs Ugor Tatlici given on 30 October 2024,…Marthese HiliNovember 10, 2024
Civil LawConsumer Law Tribunal rules against buyer in car payment dispute, orders compensation In a judgement in the names Astrid Parnis vs Neil Attard, a Tribunal ruled that a car buyer must settle outstanding payments and reimburse fines…Marthese HiliOctober 21, 2024