Property Law No need to ask for premises to be vacated, immediately after Court auction When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it…Malcolm MifsudMay 8, 2020
Civil LawProcedural Law Garnishee order may change if circumstances change A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie…Malcolm MifsudMay 1, 2020
Civil LawProcedural Law Changes to names of parties of a lawsuit may be corrected The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further.Malcolm MifsudMarch 27, 2020
Civil LawProcedural Law Court will use principle of proportionality to determine whether a party can appeal a judgement in parte The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer…Malcolm MifsudMarch 6, 2020
Commercial Law When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by…Malcolm MifsudFebruary 28, 2020
Civil LawProcedural Law Court outlines the essential elements needed for a judgement to be found ‘res judicata’ Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that…Malcolm MifsudJanuary 17, 2020
Civil LawProcedural Law Court refuses to decide on the merits of an executive garnishee order Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason',…Malcolm MifsudDecember 6, 2019
Commercial Law Bills of Exchange will not be enforced if they are a result of usury If the Court establishes that a bill of exchange has an element of usury, then it is empowered not to render it enforceable.Malcolm MifsudOctober 25, 2019
Civil LawProcedural Law A right not falling precisely within original claim may be decided upon by Courts The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the…Malcolm MifsudJuly 26, 2019
Administrative Law If you are appointed by a minister, you are Government The Court indicated that although the Superintendence of Cultural Heritage has a separate judicial personality, it still has the characteristics of a government agency and…Malcolm MifsudFebruary 8, 2019