Employment LawLabour Law COVID-19 and the Place of Work As COVID-19, most commonly known as the Coronavirus, spreads at a rapid rate around the world, and now also in Malta, employers and employees are…Marthese HiliMarch 12, 2020
Civil LawProcedural Law 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…Marthese HiliMarch 6, 2020
Civil LawProcedural Law 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…Marthese HiliJanuary 17, 2020
Civil LawProcedural Law Court refuses to decide on the merits of an executive garnishee order Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason',…Marthese HiliDecember 6, 2019
Arbitration LawCivil LawProcedural Law Court of Appeal will not re-examine facts following a voluntary arbitration Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one.Marthese HiliNovember 29, 2019
Property Law Eviction from a tenement will be granted by the Rent Regulation Board only if it is an exceptional and last resort Although it is the lessee’s responsibility to perform acts of maintenance in accordance with the law and the lease contract, this does not mean that…Marthese HiliNovember 22, 2019
Employment Law Court awards sum of wages owed to employee although employment contract was not in writing An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity.Marthese HiliNovember 15, 2019
Criminal Law Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye…Marthese HiliSeptember 16, 2019
Criminal Law Fingerprints may be deemed sufficient evidence to prove the commission of a crime With regards to the intentional element of the crime of theft the Court held that the argument of the accused did not hold water since…Marthese HiliAugust 23, 2019
Administrative LawCriminal Law Court takes into consideration feast traditions The Magistrates Court took into consideration the long-standing tradition that takes place in feasts and the public safety in considering criminal charges.Marthese HiliJuly 20, 2019