Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure.…
Malcolm MifsudJune 13, 2021
Although the charge of pretended rights is a crime, it is not far off from rights that emerge from civil law. This was held in…
Malcolm MifsudMay 23, 2021
When an employee resigns not because he wants to but because of the situation he or she is found at the place of work, is…
Malcolm MifsudMay 16, 2021
A Prestanome is an indirect mandate, but the parties have to be aware of its existence to be valid. This was held by the Magistrates’…
Malcolm MifsudMay 2, 2021
There is a distinction between civil and criminal proceedings when analysing whether the case took a reasonable time because, in criminal proceedings there may be…
Malcolm MifsudApril 18, 2021
When examining whether there was a fair trial, a constitutional court will not only examine what took place before or during the court proceedings but…
Malcolm MifsudApril 4, 2021
The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not…
Malcolm MifsudMarch 21, 2021
From the outset, March proposed to be a challenging month for the pandemic in Malta. In fact it took a turn for the worse and…
Ian BarbaraMarch 16, 2021
An order to pay maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offence
Malcolm MifsudFebruary 21, 2021
