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 economic prejudice should the...
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 auction, then the provisions of Article...
Grandparents have a juridical interest to request access to grandchildren

EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best interest to...

EU legislation has interpreted the right to family life in...

When signing an agreement, you are bound by that agreement

When one signs an agreement that would be an indication that he or she would be...

When one signs an agreement that would be an indication...

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 in the case of doubt...

Since the plea of res judicata is meant to stop an action...

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 in the case of doubt...

Since the plea of res judicata is meant to stop an action...

Appeal from a decision of the Industrial Tribunal  must be on a point of law

An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be rejected by...

An appeal application purely based on the disagreement with...

When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory

For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe and satisfactory

For the accused to be found guilty on the basis of the...

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...

Where the law states in Article 281 of the Code of...

Court of Appeal will not re-examine  facts following a voluntary arbitration

Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one

Following an arbitration award, the Court of Appeal cannot...

Eviction from a tenement will be granted by the Rent Regulation Board only if it is an exceptional and last resort

Although it is the lessee’s responsibility to perform acts of maintenance in accordance with the law and the lease contract, this does not mean that if...

Although it is the lessee’s responsibility to perform...

Court awards sum of wages owed to employee although employment contract was not in writing

An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity

An employment contract is not one which is enlisted in...

Article 12 of Housing (DeControl) Ordinance  in violation of human rights

The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 2lst June...

The Housing (DeControl) Ordinance states that where a...

Judicial review procedure cannot substitute the natural process of complaints

The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposal

The Court faced with a judicial review lawsuit is not...

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...

If the Court establishes that a bill of exchange has an...

Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property

The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the publication of...

The Court concluded that the plaintiff was to take...

Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit

The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them

The Court concluded that Xuereb has an interest in the...

Co-owners may force a sale of common property

The Court ordered that the plaintiffs were to sell the property in terms of the...

The Court ordered that the plaintiffs were to sell the...

Garnishee order must be issued by court competent to take cognizance of the matter

The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to take cognizance of the matter, is...

The issuing of a garnishee order by a court, that does not...

POAs: Mandators cannot escape liability if they cannot read Maltese or English

The Court concluded that the defendant did not adequately prove that the plaintiff was in mala fede. It held that it was clear that the plaintiff had nothing...

The Court concluded that the defendant did not adequately...