Civil LawProcedural Law Court may turn down claims, even if Defendant did not file statement of defence The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff. This was held…Marthese HiliJune 27, 2024
Employment Law Health and Safety: Excessive Heat at the Workplace As we witness a rise in temperatures in Malta during the summer season, we also start witnessing an increase in office disputes centered around the…Charlene GauciJune 23, 2024
Civil LawProcedural Law Plea of res judicata declined as merits not discussed in initial case 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
Intellectual Property LawProperty Law Increase in rent should reflect the open market value of the property The Court should take into account the value of the property when calculating the increase in rent. This was held in a judgement delivered by…Marthese HiliJune 3, 2024
Criminal Law A threat must be realistic in order for it to be a crime A threat must be realistic and the person who is making the threat must have the means to carry out the threat. This was held…Marthese HiliMay 24, 2024
Civil LawMaritime LawProcedural Law Court will not enter into intricacies when dealing with a precautionary warrant 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
Civil LawProcedural Law Parties in lawsuits living abroad must be represented in the proceedings 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
Criminal Law New Amendments to the Criminal Code Two new offences have been instituted in Malta. These were introduced by means of amending or adding to the Criminal Code in February and March…Malcolm MifsudApril 25, 2024
Property Law Co-owners cannot block the use of other co-owners Co-owners must make use of the property in common as long as it is done in the best interest of the co-ownership. This was held…Marthese HiliMarch 22, 2024
Civil LawProcedural Law The elements of a retrial must be cumulative 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