Family Law Wife loses maintenance because she was the main contributor to breakdown of marriage The Court ruled that once the wife contributed to the breakdown of the marriage, she lost the right to maintenance • This was held in…MMA EditorJanuary 15, 2023
Anti-money Laundering LawConstitutional Law Interim measures only granted by the Constitutional Court when no ordinary remedy is available Interim measures will only be granted by the Constitutional Court when no ordinary remedy is at the disposition of the claimant.MMA EditorJanuary 8, 2023
Employment Law Act XX of 2022 amending the Employment and Industrial Relations Act on Probationary Periods Act XX of 2022 was enacted on the 20th December 2022 to partially transpose Directive (EU) 2019/1152 of the European Parliament and of the Council…MMA EditorDecember 28, 2022
Civil LawFamily Law Retrial proceedings should not serve as a means of a further appeal In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe handed down by the Civil Court (Family section) the Court…Marthese HiliDecember 25, 2022
Employment LawImmigration Law Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer It is not just and equitable that the applicant for a work and residence permit (a Single Permit) application must bear the responsibility for the…MMA EditorDecember 16, 2022
Constitutional Law Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing The fundamental right to a fair hearing is infringed when parties are not notified of proceedings being instituted against them.MMA EditorDecember 4, 2022
Civil LawProperty Law A new lease agreement is deemed to be renunciation of the old lease agreement When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact…MMA EditorNovember 20, 2022
Civil LawProcedural Law A judicial letter must also be notified to the authorised insurance in motor vehicle collisions In Motor vehicle collisions, where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter shall also be notified to…Marthese HiliNovember 6, 2022
Criminal Law Special circumstances may help to change punishments When the accused admits to charges, the Court of Criminal Appeal may change the punishment only if it finds an error when the sentence is…Marthese HiliNovember 2, 2022
Civil LawConstitutional Law Good faith is an essential component of contracts A contractual obligation is created through an agreement that is reached between two or more parties and which must be carried in good faith. Such…MMA EditorOctober 23, 2022