Civil LawProcedural Law Garnishee order may change if circumstances change A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie…Malcolm MifsudMay 1, 2020
Civil LawConstitutional LawProperty Law Court should limit itself to claims The civil court should always follow its procedure, even if a constitutional law issue is raised.Malcolm MifsudApril 10, 2020
Civil LawProcedural Law Changes to names of parties of a lawsuit may be corrected The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further.Malcolm MifsudMarch 27, 2020
Civil LawProcedural Law Court will use principle of proportionality to determine whether a party can appeal a judgement in parte The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer…Malcolm MifsudMarch 6, 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
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
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
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
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