Procedural rules are strict and must be strictly observed, according to the judgment delivered by Judge Mark Simiana in the case MGD vs LD, decided on 11 July 2025
The decision of the Rent Regulation Board in Carmen Cassar et vs Joseph Caruana et concerns an application based on Article 4A of Chapter 69 of the Laws of Malta
Appeals from arbitration awards are limited to legal points
The Court held that an appeal from an Arbitration award was inadmissible at law...
The Court held that an appeal from an Arbitration award was...
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...
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