Civil Law Period of prescription may be interrupted even after it elapses The facts of the case of Joginder Singh Dhingsa v Anthony Grech et. revolved around a sum of money amounting to €34,250. This was held by…Marthese HiliNovember 24, 2017
Civil LawProcedural Law Party cannot be in default if time period within which to reply has not elapsed A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to…MMA EditorNovember 17, 2017
Civil LawProperty Law The repossession of a property must be clearly mentioned as an action of spoliation This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application…Marthese HiliNovember 3, 2017
Civil Law Judicial review proceedings must commence within six months This was decided and delivered by Mr Justice Mark Chetcuti on 3 October, 2017, in Malta Towage Limited -v- Director of Fisheries. In the plaintiff…MMA EditorOctober 13, 2017
Civil Law No revocation of garnishee order if filed correctly The First Hall of the Civil Court on 2 August, 2017 ruled that if a garnishee order is filed according to law, then it should…MMA EditorAugust 11, 2017
Civil LawProcedural Law Actions must be filed within the prescribed time A court turned down an action which was instituted after a 20-day period stipulated by Article 466 of the Code of Organisation and Civil Procedure.…MMA EditorJune 16, 2017
Civil LawCompany LawData Protection Law Confusion in products is unfair competition The fact that one gas distributor also filled the gas cylinders of competitors caused confusion to consumers and therefore constituted unfair competition. This was decided…Marthese HiliJune 9, 2017
Civil LawCommercial LawCompany Law Documentary evidence must be produced It is not sufficient for a witness to simply testify on a document if it is not produced in court. This was held by the…Marthese HiliJune 2, 2017
Civil Law Notification of judicial letter essential to interrupt prescription The First Hall of the Civil Court ruled that for prescription to be interrupted a defendant must be notified of the judicial act, which must…MMA EditorMay 26, 2017
Civil Law Quasi-contract services do not preclude lack of compensation Services rendered to an aunt by her niece are to be compensated for, even if small amounts of payment were already made by the latter…Marthese HiliApril 28, 2017