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
Civil LawProcedural Law Court outlines the essential elements needed for a judgement to be found ‘res judicata’ Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that…Marthese HiliJanuary 17, 2020
Civil LawProcedural Law Court refuses to decide on the merits of an executive garnishee order Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason',…Marthese HiliDecember 6, 2019