Civil LawProcedural Law A request for retrial cannot be made to contest the interpretation of First Court A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court. This was held in…Marthese HiliFebruary 15, 2025
Civil LawProperty Law Damages lawsuit requires proof of direct link between action and its alleged consequences An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed.…Marthese HiliDecember 28, 2024
Civil LawProperty Law Payment of rent by agricultural produce has to be subject to a written agreement An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement. This was held…Marthese HiliNovember 22, 2024
Civil Law Producing no evidence may imply responsibility If a party to any action does not produce any evidence in a damages case, it may implicitly admit to responsibility. This was held in…Marthese HiliNovember 16, 2024
Civil LawProcedural Law When enforcing a foreign judgement, the Maltese Courts should not carry out a retrial In a decree issued by the First Hall of the Civil Court in Dr Malcolm Mifsud noe vs Ugor Tatlici given on 30 October 2024,…Marthese HiliNovember 10, 2024
Civil LawConsumer Law Tribunal rules against buyer in car payment dispute, orders compensation In a judgement in the names Astrid Parnis vs Neil Attard, a Tribunal ruled that a car buyer must settle outstanding payments and reimburse fines…Marthese HiliOctober 21, 2024
Civil LawMaritime LawProcedural Law A judicial sale by auction will not be suspended unless there is a legitimate impediment A judicial sale by auction will not be suspended unless there is a legitimate impediment warranting such suspension. This was held in Kroll Trustee Services…Marthese HiliSeptember 27, 2024
Civil LawProcedural Law The different approaches to revoke a garnishee order The party subject to a precautionary warrant, such as a garnishee order must choose carefully which procedure to use in order to ask the court…Marthese HiliSeptember 8, 2024
Civil LawCommercial LawProcedural Law Part-payment of bills of exchange can block their execution If the debtor pays in part the bills of exchange, the court may reject an application for them to be declared as an executive title.…Marthese HiliAugust 25, 2024
Civil LawProperty Law Court denies property division due to plaintiffs’ lack of evidence In a recent decision, the First Hall of the Civil Court, presided over by Justice Dr Joanna Vella Cuschieri, ruled against the division of a…Marthese HiliAugust 11, 2024