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…Marthese HiliJune 27, 2024
Civil LawProcedural Law Plea of res judicata declined as merits not discussed in initial case A plea of res judicata was rejected because the merits of the case were not examined in the first instance. Despite the Maltese Courts' commitment…Marthese HiliJune 16, 2024
Civil LawMaritime LawProcedural Law Court will not enter into intricacies when dealing with a precautionary warrant The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of…Marthese HiliMay 12, 2024
Civil LawProcedural Law Parties in lawsuits living abroad must be represented in the proceedings If there is no representative, this does not make the acts null. On the other hand, this does not mean that the case can continue…Marthese HiliApril 25, 2024
Civil LawProcedural Law The elements of a retrial must be cumulative When arguing for a retrial, the elements of a retrial must all exist. This was held by the Court of Appeal in Paul and Carmen…Marthese HiliMarch 3, 2024
Civil LawProcedural Law Distinction must be made between the merits of an executive title and the formality of an executive warrant The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the…Marthese HiliFebruary 15, 2024
Civil LawProcedural Law The Court may ask an interested party to join a court case The Court has the power to order a third party to a lawsuit to join the action, if the third party has a direct interest…Marthese HiliDecember 24, 2023
Civil LawProcedural Law Notification must be done to the correct address The court marshal must carry out notification of court documents to the correct address of the person or company, he would like to notify. This…Marthese HiliNovember 24, 2023
Civil LawProcedural Law Globally, governments are taking measures to lessen pressures on over-stretched court systems Malta is a small country with a population of 500,000. Recently, a newspaper reported that there are slightly over 15,000 pending court cases in Malta.Marthese HiliOctober 20, 2023
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.MMA EditorAugust 21, 2023