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A creditor may ask a company to be revived

A creditor may ask a company to be revived
Malcolm Mifsud
A company which is owed money from a company which has been struck off the Companies Register may ask the Court to revive the company in order to proceed against it
The elements of a retrial must be cumulative

The elements of a retrial must be cumulative
Malcolm Mifsud
When arguing for a retrial, the elements of a retrial must all exist
Filing late reply before Arbiter for Financial Services has consequences

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

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

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

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...

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

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

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

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

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

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

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

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

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...

Trending

Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered

Malcolm Mifsud

Landlords' battle over rent control ends in defeat

Gianluca Cappitta

Court strikes down severe cash penalty as unconstitutional

Court may turn down claims, even if Defendant did not file statement of defence

Malcolm Mifsud
Tax valuation takes into consideration whether airspace can be developed

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

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

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

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

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

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...

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