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

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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...

Court costs may be apportioned amongst the parties
Malcolm Mifsud

The Court may apportion the court costs of a case to both parties and not...

The Court may apportion the court costs of a case to both...

Country to The Hague Convention is a stumbling block for children to travel
Malcolm Mifsud

If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child Abduction, the other parent may...

If a child travels with one of the parents to a country not...

Re-discussing an agreement does not terminate that agreement
Malcolm Mifsud

If one party to agreement wants to re-discuss any terms, the agreement is still...

If one party to agreement wants to re-discuss any terms,...

Endorsed bills of exchange have to be paid irrespective of underlying obligations
Malcolm Mifsud

The law makes a difference between endorsed bills of exchange and those which are not endorsed

The law makes a difference between endorsed bills of...

Payment of deposit in civil appeals is essential
Malcolm Mifsud

The payment of a deposit before the first sitting of an appeal is essential as...

The payment of a deposit before the first sitting of an...

Authorities may limit licences to ensure safety
Malcolm Mifsud

Transport Malta was justified to limit the berthing of a water sports vessel to...

Transport Malta was justified to limit the berthing of a...

Not all decisions from the Medical Council may be appealed from
Malcolm Mifsud

Appeals from the Medical Council can take place only if it concerns the...

Appeals from the Medical Council can take place only if it...

Although Lands Authority took their time, they did it correctly
Malcolm Mifsud

The Lands Authority have a legal duty to decide on all aspects of public...

The Lands Authority have a legal duty to decide on all...

No legal definitions of negligent driving and dangerous driving
Malcolm Mifsud

Although there is no legal definition of what negligent driving and...

Although there is no legal definition of what negligent...