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…Marthese HiliNovember 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…Marthese HiliSeptember 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
Family Law Termination of community of acquests during separation proceedings concern future dealings only The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses. This was held in a decree AB…Marthese HiliNovember 28, 2021
Civil Law If you engage an incompetent person, you are responsible for damages caused Damages caused by a incompetent contractor, will be charged to the party who engaged that contractor. This was held in a Court of Appeal judgement…MMA EditorNovember 14, 2021