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
Civil LawCommercial LawProcedural Law The Service of Documents and Taking of Evidence Post-Brexit On the 9th December the Chamber of Advocates circulated a letter sent by the Office of the State Advocate informing fellow colleagues with the changes…Marthese HiliJanuary 5, 2021
Administrative LawImmigration LawProcedural Law Courts must take into consideration all documents when deciding Courts and administrative tribunals must take into consideration all the documents it has before it when finalizing its decision.Marthese HiliNovember 8, 2020
Civil LawProcedural Law Payment of deposit in civil appeals is essential The payment of a deposit before the first sitting of an appeal is essential as it guarantees the court expenses, without which the appeal will…MMA EditorSeptember 4, 2020
Administrative LawProcedural Law Authorities have an obligation to assist the public Authorities are bound at law to give all vital information to the public in order for the public to conform with regulations. This was held…MMA EditorJune 26, 2020
Civil LawProcedural Law Garnishee order may change if circumstances change A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie…MMA EditorMay 1, 2020
Civil LawProcedural Law Changes to names of parties of a lawsuit may be corrected The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further.MMA EditorMarch 27, 2020
Civil LawProcedural Law Court will use principle of proportionality to determine whether a party can appeal a judgement in parte The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer…Marthese HiliMarch 6, 2020