Civil LawProcedural LawProperty Law Time-bar period for water leakages commences when the damages are obvious Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place. This was held in…Malcolm MifsudJune 14, 2025
Civil LawProcedural Law Defendant cannot raise new pleas in appeal stage New pleas cannot be raised in an appeal of any of the parties. This was held in Saviour Camilleri vs Noel Borg, a judgement delivered…Malcolm MifsudJune 7, 2025
Civil LawProcedural Law Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited…Malcolm MifsudApril 19, 2025
Civil LawProcedural Law When there is no defence, the plaintiff still has to prove the case When the defendant fails to file a statement of defence, this does not mean they are admitting to the claims of the plaintiff. This was…Malcolm MifsudMarch 22, 2025
Civil LawProcedural Law A request for retrial cannot be made to contest the interpretation of First Court A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court. This was held in…Cedric MifsudFebruary 15, 2025
Civil LawProcedural Law When enforcing a foreign judgement, the Maltese Courts should not carry out a retrial In a decree issued by the First Hall of the Civil Court in Dr Malcolm Mifsud noe vs Ugor Tatlici given on 30 October 2024,…Malcolm MifsudNovember 10, 2024
Civil LawMaritime LawProcedural Law A judicial sale by auction will not be suspended unless there is a legitimate impediment A judicial sale by auction will not be suspended unless there is a legitimate impediment warranting such suspension. This was held in Kroll Trustee Services…adminSeptember 27, 2024
Civil LawProcedural Law The different approaches to revoke a garnishee order The party subject to a precautionary warrant, such as a garnishee order must choose carefully which procedure to use in order to ask the court…Malcolm MifsudSeptember 8, 2024
Civil LawCommercial LawProcedural Law Part-payment of bills of exchange can block their execution If the debtor pays in part the bills of exchange, the court may reject an application for them to be declared as an executive title.…Malcolm MifsudAugust 25, 2024
Civil LawProcedural Law Court may turn down claims, even if Defendant did not file statement of defence The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff. This was held…Malcolm MifsudJune 27, 2024