A fair trial includes on whether a judgement can be enforced
When examining whether there was a fair trial, a constitutional court will not only examine what took place before or during the court proceedings but also after and whether a...
Prescription period starts upon last entry of the account
A commercial account between two companies starts not when the order was effected but when the account is liquated
Maintenance must be paid until it is decided otherwise

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Maintenance must be paid until it is decided otherwise

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Lawyers’ obligations cease when company is struck off

A law firm engaged by shareholders to set up a company and other services cease...

A law firm engaged by shareholders to set up a company and...

Guarantees offering general and special hypothecs in favour of a bank, more than adequate security

The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants

The Court held that HSBC Bank Malta offer...

Commercial leased properties must be made use of

A lease of a commercial premises will be terminated if it is not being made use...

A lease of a commercial premises will be terminated if it...

Filing late reply before Arbiter for Financial Services has consequences

The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies

The late submission of a reply before the Arbiter for...

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 case

A court may not be competent to hear a counter-claim...

Usury may occur upon the promise of higher interest rates

The crime of usury take place even before the transaction, but upon the...

The crime of usury take place even before the transaction,...

There is no legal right to parking in front of one’s home

There is no legal right for anyone to object to road markings on the ground...

There is no legal right for anyone to object to road...

Evaluation of appeal is required to determine which declarations are res judicata

A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgment Sarah Gatt v. Jean Pierre Gatt delivered on the 26th...

A decision of the Civil Court (Family Section) was...

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

This principle was reiterated in Ismail Issa v. Attorney...

Defence of insanity upheld

The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence

The Court must examine whether at the time of the...

Disciplinary processes required before serious decision to terminate employment

Case filed Giulia Gattuccio against her former employer Suda Entertainments Ltd, claiming unfair dismissal

Case filed Giulia Gattuccio against her former employer...

Those who are not entitled to social benefits should refund

Those individuals who have been given social benefits but then discovered that...

Those individuals who have been given social benefits but...

Investment companies should update their customers to allow them to query

Investment companies should inform their customers on how their investment is developing in order to allow them to take educated decisions and query investment...

Investment companies should inform their customers on how...

Courts must take into consideration all documents when deciding

Courts and administrative tribunals must take into consideration all the...

Courts and administrative tribunals must take into...

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 Court will not revoke a garnishee order on the ground...

Tax valuation takes into consideration whether airspace can be developed

For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed

For the purposes of tax valuation, the Tax Commissioner is...