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…Marthese HiliSeptember 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…Marthese HiliSeptember 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.…Marthese HiliAugust 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…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