Civil LawProcedural Law A garnishee order may be reduced if the circumstances have changed If there is a change in circumstances which allow the reduction of a garnishee order, the Court may reduce or remove that garnishee order.Malcolm MifsudAugust 21, 2023
Civil LawProcedural Law Court of Appeal explains the Three Elements of the Plea Of Res Judicata The Court of Appeal upheld a plea that the case has already been decided on (res judicata), since there existed the three elements that make…Malcolm MifsudAugust 10, 2023
Civil Law The action of spoliation is intended to keep the public order The action to reverse an act of spoliation is intended to stop a person from taking the law in his or her hands. This was…Malcolm MifsudJune 9, 2023
Civil LawProcedural Law Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case If the same parties to a case, are before the Court of Appeal, then the Court of first instance of another case which is identical,…Malcolm MifsudMay 11, 2023
Civil LawProperty Law Representation must be proven Those who claim to represent a party in a lawsuit have to prove their representation. This was held in Dr Michelle Tabone on behalf of…Malcolm MifsudApril 23, 2023
Civil LawConstitutional Law Strict interpretation of the law when challenging a judge The court must interpret the law on the recusal of a judge strictly. This was held in a judgement in Mary Grace D’Amato -v- Luqa…Malcolm MifsudApril 2, 2023
Civil LawProcedural Law Court may accept declarations made by deceased witness The Court may accept, in the interest of justice, an affidavit prepared by a witness who passed away. This was held in a decree delivered…Malcolm MifsudMarch 26, 2023
Civil LawCompany Law Once a company is inactive for a period of time, its liquidation would be justified If the reason for a company does not exist anymore, then the company should be liquidated. This was held in an application presented by Petrozavodsk…Malcolm MifsudMarch 12, 2023
Civil LawEmployment LawLabour Law The parties must prove the claims against each other The Parties who file claims and pleas must prove to the Court their respective positions. This was held in a judgement delivered by the Magistrates…Malcolm MifsudFebruary 26, 2023
Civil LawProperty Law Majority co-owners may sell property if all conditions are fair The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the…Malcolm MifsudFebruary 7, 2023