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
Civil LawMaritime Law Maltese court has jurisdiction of vessels found in Malta’s territorial waters The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta. The same provision also applies to…Marthese HiliJanuary 19, 2024
Civil Law Contractor must charge at rates listed in quotation A contractor cannot inflate the price of extra works, if the parties had agreed on the rates, before the works started. This was held by…Marthese HiliJanuary 10, 2024
Financial Services Recent amendment to Debt Recovery law: Higher wage exemption One of the tools available to creditors against debtors is the issuance of a garnishee order against a salary or wage or wage of the…Marthese HiliJanuary 3, 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
Administrative LawConstitutional Law Court of Appeal wants a one stop shop for when people sue the government The Court of Appeal wants the law changed in order for plaintiffs to sue directly the government or the State Advocate as its main legal…MMA EditorNovember 2, 2023