The right to a fair hearing, as guaranteed by Article 39 of the Maltese Constitution and Article 6 of the European Convention on Human Rights, necessitates that a person...
There is no need of other circumstantial evidence, if fingerprints are found, in order to convict a suspect of theft
The three principles of criminal punishment explained
When awarding a punishment in criminal cases, the courts have to keep in mind...
When awarding a punishment in criminal cases, the courts...
Court accepts and explains defence of provocation
The Court of Criminal Appeal overturned a conviction of a mother, since the...
The Court of Criminal Appeal overturned a conviction of a...
Court has wide powers to appoint company administrator
The Companies Act allows the Court to have a wide discretion to appoint...
The Companies Act allows the Court to have a wide...
Adoption does not block a declaration of who is the natural father
A father was declared the natural father of a minor child, irrespective of the...
A father was declared the natural father of a minor child,...
No need to ask for premises to be vacated, immediately after Court auction
When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is purchased
When a property is purchased by court auction, there is no...
Garnishee order may change if circumstances change
A garnishee order may be revoked in whole or in part if the circumstances of...
A garnishee order may be revoked in whole or in part if the...
Structural alternatives in rented properties do not necessarily result in termination of the lease
Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated
Those structural alternations in rented property which are...
Not all roads are government property
The fact that the government puts asphalt on a private road, does not convert the road into public property
The fact that the government puts asphalt on a private...
Court should limit itself to claims
The civil court should always follow its procedure, even if a constitutional law issue is raised
The civil court should always follow its procedure, even if...
Warrant upheld once it is satisfying all the requests
A warrant of prohibitory injunction may be issued once that the three elements...
A warrant of prohibitory injunction may be issued once that...
Changes to names of parties of a lawsuit may be corrected
The Court has wide powers to correct the names of acts of court cases in order...
The Court has wide powers to correct the names of acts of...
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...
The court held that since it was a commercial case and...
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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...
Where an executive warrant does not rest on an executive...
Any administrative act may be scrutinised by the Administrative Review Tribunal
The Administrative Review Tribunal is competent to hear and decide any administrative act or measure taken by a public authority
The Administrative Review Tribunal is competent to hear and...
No prescription among co-debtors
When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debt
When a co-debtor pays the debtor, the other debtor cannot...
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...
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