Civil LawProcedural Law Sue now or forever hold your peace Jactitation suits as a remedy to protect yourself from legal threats Under Maltese law, when a person asserts a legal right without actually bringing a…Andrew DragoSeptember 7, 2025
Family LawProcedural Law Plaintiff must take an oath on the sworn application Procedural rules are strict and must be strictly observed, according to the judgement delivered by Judge Mark Simiana in the case MGD vs LD, decided…Malcolm MifsudJuly 26, 2025
Civil LawCriminal Law Court cannot fill in with evidence a party failed to produce If a party fails to produce evidence on what it alleges, the court cannot uphold that request. This was held in a Court of Appeal…Malcolm MifsudJuly 3, 2025
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