Distinction must be made between the merits of an executive title and the formality of an executive warrant
Malcolm Mifsud
The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the formality of an executive act...
Any doubt on whether the action is time barred should go in favour of the plaintiff
Malcolm Mifsud
The party claiming that an action is time barred should prove this. However, any doubt should sway in favour of the plaintiff
A direct relationship establishes a juridical relationship
Malcolm Mifsud

The involvement of a third party in a contract of works puts in doubt the...

The involvement of a third party in a contract of works...

There must be a clear understanding in a Prestanome arrangement
Malcolm Mifsud

A Prestanome is an indirect mandate, but the parties have to be aware of its...

A Prestanome is an indirect mandate, but the parties have...

Second wife of a few months is entitled to reserved portion after the death of the husband
Malcolm Mifsud

The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion

The law provides that the widow of a divorced husband is...

Reasonable time in criminal proceedings, is without delay
Malcolm Mifsud

There is a distinction between civil and criminal proceedings when analysing...

There is a distinction between civil and criminal...

A fair trial includes on whether a judgement can be enforced
Malcolm Mifsud

When examining whether there was a fair trial, a constitutional court will not...

When examining whether there was a fair trial, a...

Prescription period starts upon last entry of the account
Malcolm Mifsud

A commercial account between two companies starts not when the order was...

A commercial account between two companies starts not when...

Penalties imposed on who issues needless warrants is a question of public order
Malcolm Mifsud

The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not to allow the abuse of...

The Court has the discretion to impose a penalty on a party...

There is no judicial review for decisions refusing citizenship applications
Malcolm Mifsud

The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review

The granting of citizenship is the Minister’s...

Appeals from arbitration awards are limited to legal points
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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...