Civil LawProcedural Law Defendant cannot raise new pleas in appeal stage New pleas cannot be raised in an appeal of any of the parties. This was held in Saviour Camilleri vs Noel Borg, a judgement delivered…Malcolm MifsudJune 7, 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 LawProperty Law Payment of rent by agricultural produce has to be subject to a written agreement An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement. This was held…Malcolm MifsudNovember 22, 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
Administrative Law It is the judge who should evaluate the evidence produced A judge should evaluate all the evidence produced in the acts of the case. This was held by the Court of Appeal on 9 April…Marthese HiliApril 19, 2024
Anti-money Laundering LawFinancial Services Banks must explain to clients why they want certain documents Banks are expected to give reasons why they are asking for documents when they are carrying out a due diligence on a customer. This was…Marthese HiliApril 7, 2024
Employment Law Appeals from Industrial Tribunal should be only on points of law The Court of Appeal annulled an appeal on the ground that the appeal was dealing with the merits of the case and not on a…Marthese HiliNovember 5, 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
Family Law Party must appeal from identical judgement in another case A party to an appeal had an appeal rejected because she failed to appeal from another judgement which had identical claims to that case.MMA EditorSeptember 7, 2023
Criminal Law Criminal liability can only be imposed if the formal and material conditions exist concurrently The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to…Marthese HiliSeptember 25, 2022