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
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
Civil Law POAs: Mandators cannot escape liability if they cannot read Maltese or English A person who accepts another as their mandatory through a power of attorney agreement cannot escape liability by stating that they were not aware of…Malcolm MifsudSeptember 20, 2019
Civil LawProcedural Law A right not falling precisely within original claim may be decided upon by Courts The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the…Malcolm MifsudJuly 26, 2019
Civil Law Disability caused by medical procedures places onus of proof on professional While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that…Malcolm MifsudJuly 13, 2019
Civil Law Pensioners can be awarded damages for permanent disability Notwithstanding that a person is 83 years old, she is still entitled to damages for permanent disability caused and the court may carry out the…Malcolm MifsudJune 28, 2019
Civil LawProperty Law Co-owners may be given the keys of the common property The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may…Malcolm MifsudJune 14, 2019