Procedural Law Actions concerning legacies are to be dealt with by the Superior Courts irrespective of the value When the Superior Courts are faced with an action concerning a testimony legacy, then that Court has jurisdiction to hear and decide the case, irrespective…MMA EditorMarch 6, 2022
Company LawProcedural Law Who fails to present statement of defence on time, may do so only in exceptional circumstances If a defendant to a court case fails to present a statement of defence within twenty days, the court may allow it to be presented…MMA EditorFebruary 27, 2022
Employment LawProcedural Law Appeal from Industrial Tribunal must be filed within 12 days An appeal from an Industrial Tribunal decision must be filed within 12 days and the law does provide for any extensions. This was held in…MMA EditorJanuary 23, 2022
Civil LawProcedural Law Suspension of court case in order to wait for another court case is exceptional The Courts may be faced with a situation whether it would be best to wait for the outcome of another case. However, this is not…Marthese HiliNovember 7, 2021
Procedural Law Amendments to the Code of Organisation and Civil Procedure in Relation to the Rules Regulating Appeals These amendments were enacted through Act XXXII of 2021 which came into force on 18th June, 2021. Appeals filed before the coming into force of…MMA EditorAugust 13, 2021
Procedural Law Contracts obtained by fraud must be of a serious nature When one alleged that a contract was obtained by fraud, then that party must prove that the fraud is of a serious nature, which is…Marthese HiliJuly 4, 2021
Civil LawProcedural Law Penalties imposed on who issues needless warrants is a question of public order The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not…MMA EditorMarch 21, 2021
Civil LawProcedural Law Guarantees offering general and special hypothecs in favour of a bank, more than adequate security The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants.MMA EditorFebruary 7, 2021
Financial ServicesProcedural Law Filing late reply before Arbiter for Financial Services has consequences The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies.MMA EditorJanuary 24, 2021
Civil LawProcedural Law Court may not be competent to hear a counter-claim due to the sum claimed A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear cases.Marthese HiliJanuary 17, 2021