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
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…MMA EditorAugust 10, 2023
Procedural LawProperty Law You can only sell what you have A promise of sale agreement could not have been entered into because the seller did not yet own the property. This was held in John…MMA EditorJune 15, 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,…Marthese HiliMay 11, 2023