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 LawCommercial Law When enforcing a foreign judgement the court must apply the law restrictively The court cannot go outside the parameters of the law when it is deciding whether to enforce a foreign judgement in Malta. This was held…Malcolm MifsudMay 24, 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 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 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 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
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…Malcolm MifsudMay 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