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,…Marthese HiliNovember 10, 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 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
Company LawMaritime Law Shareholder is distinct from the company An agreement entered into by the majority shareholder of a company may have no bearing on the company. This was held in the Court of…Marthese HiliMay 5, 2024
Civil LawConstitutional Law Litigants should make use of every remedy available to ensure justice In the recent case of Mark Micallef vs The State Advocate, the plaintiff contended that his fundamental human rights were transgressed due to an inordinate…Marthese HiliMay 3, 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
Constitutional Law The Court must decide on all pleas raised The Court will decide on all claims and pleas the parties of a case have raised. This was held in an action instituted by Lovin…Marthese HiliApril 5, 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
Financial Services Appeals Court rakes in favour of the Commissioner of Revenues The Court of Appeal held that the Court does not have the competence to determine whether the Revenues Commissioner had a title or not over…Marthese HiliFebruary 21, 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