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
Arbitration LawCivil LawProcedural Law Court of Appeal will not re-examine facts following a voluntary arbitration Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one.Marthese HiliNovember 29, 2019
Civil LawProcedural Law Garnishee order must be issued by court competent to take cognizance of the matter The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to…MMA EditorSeptember 27, 2019
Civil LawProcedural Law A right not falling precisely within original claim may be decided upon by Courts The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the…MMA EditorJuly 26, 2019
Administrative LawProcedural Law Authority issuing a tender must give all information to all tenderers The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient.MMA EditorMay 10, 2019
Criminal LawProcedural Law Appeals Court annuls judgement after Court fails to list articles of law In the case of Police vs Keith Pace, the Court of Criminal Appeal declared that a judgement is null and void since the First Court…MMA EditorFebruary 1, 2019
Civil LawProcedural Law Carpenter has to pay for difference of prices for replacement works The Magistrate’s Court in Gozo ordered a carpenter to pay for the difference in price of replacement of doors, after it was established that bad…MMA EditorJune 25, 2018
Commercial LawProcedural Law An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchangeMMA EditorApril 13, 2018
Criminal LawProcedural Law Attorney General’s newest procedural right to appeal to find retroactive application The Court explained that procedural criminal law has effective and immediate application, meaning that the procedures become effective even to proceedings that were ongoing before…MMA EditorApril 6, 2018