Administrative Law Ordinary remedies must be used before asking for a judicial review Parties subject to an administrative decision must first avail themselves of the ordinary remedies at their disposal before filing for a judicial review before the…Malcolm MifsudJune 20, 2021
Civil LawProperty Law If one wants to file an action for a retrial, the appropriate procedure must be used Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure.…Malcolm MifsudJune 13, 2021
Civil LawProcedural Law Penalties imposed on who issues needless warrants is a question of public order The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not…Malcolm MifsudMarch 21, 2021
Administrative Law There is no judicial review for decisions refusing citizenship applications The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review.Malcolm MifsudMarch 14, 2021
Civil LawProcedural Law Court may not be competent to hear a counter-claim due to the sum claimed A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear cases.Malcolm MifsudJanuary 17, 2021
Civil LawConstitutional LawFamily Law Constitutional proceedings can be initiated if there’s no effective and adequate remedy This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction.Malcolm MifsudDecember 27, 2020
Civil Law Prejudice is not a reason for a precautionary warrant to be revoked The Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced.Malcolm MifsudNovember 1, 2020
Civil LawProperty Law Court costs may be apportioned amongst the parties The Court may apportion the court costs of a case to both parties and not necessarily to the party that lost the case.Malcolm MifsudOctober 4, 2020
Family Law Country to The Hague Convention is a stumbling block for children to travel If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child…Malcolm MifsudSeptember 20, 2020
Civil LawProcedural Law Payment of deposit in civil appeals is essential The payment of a deposit before the first sitting of an appeal is essential as it guarantees the court expenses, without which the appeal will…Malcolm MifsudSeptember 4, 2020