A plea of res judicata was rejected because the merits of the case were not examined in the first instance. Despite the Maltese Courts' commitment…
Marthese HiliJune 16, 2024
The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of…
Marthese HiliMay 12, 2024
In the recent case of Mark Micallef vs The State Advocate, the plaintiff contended that his fundamental human rights were transgressed due to an inordinate…
Marthese HiliMay 3, 2024
If there is no representative, this does not make the acts null. On the other hand, this does not mean that the case can continue…
Marthese HiliApril 25, 2024
When arguing for a retrial, the elements of a retrial must all exist. This was held by the Court of Appeal in Paul and Carmen…
Marthese HiliMarch 3, 2024
The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the…
Marthese HiliFebruary 15, 2024
The party claiming that an action is time barred should prove this. However, any doubt should sway in favour of the plaintiff. This was the…
Marthese HiliFebruary 7, 2024
The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta. The same provision also applies to…
Marthese HiliJanuary 19, 2024
A contractor cannot inflate the price of extra works, if the parties had agreed on the rates, before the works started. This was held by…
Marthese HiliJanuary 10, 2024
