Civil LawFamily Law Evaluation of appeal is required to determine which declarations are res judicata A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgement Sarah Gatt v. Jean Pierre Gatt delivered…Malcolm MifsudDecember 27, 2020
Civil Law Those who are not entitled to social benefits should refund Those individuals who have been given social benefits but then discovered that they were not entitled to them, should refund the government the amount which…Malcolm MifsudDecember 16, 2020
Civil Law Prejudice is not a reason for a precautionary warrant to be revoked The Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced.Malcolm MifsudNovember 1, 2020
Civil LawCopyright Law Sharing Shyli’s and Jordan’s OnlyFans vids? It’s copyright breach even if it’s porn A word of warning: an innocent share of the content can lead to some pretty heavy consequences.Mifsud & Mifsud AdvocatesOctober 19, 2020
Civil LawProperty Law Court costs may be apportioned amongst the parties The Court may apportion the court costs of a case to both parties and not necessarily to the party that lost the case.Malcolm MifsudOctober 4, 2020
Civil Law Can a ‘force majeure’ clause be invoked in view of COVID-19? A ‘force majeure’ clause is commonly inserted in contracts as a means to excuse the performance of a contract on the basis of a defined…Gianluca CappittaSeptember 25, 2020
Civil LawConsumer Law Re-discussing an agreement does not terminate that agreement If one party to agreement wants to re-discuss any terms, the agreement is still valid at law. This was decided by the Court of Appeal…Malcolm MifsudSeptember 6, 2020
Civil Law Endorsed bills of exchange have to be paid irrespective of underlying obligations The law makes a difference between endorsed bills of exchange and those which are not endorsed. This was held in a judgement delivered by Mr…Malcolm MifsudSeptember 6, 2020
Civil LawProcedural Law Payment of deposit in civil appeals is essential The payment of a deposit before the first sitting of an appeal is essential as it guarantees the court expenses, without which the appeal will…Malcolm MifsudSeptember 4, 2020
Civil LawCommercial Law Civil Court has competence to hear issues dealing with commercial rural leases The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in…Malcolm MifsudJune 19, 2020