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
Civil LawProcedural Law Party cannot be in default if time period within which to reply has not elapsed A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to…MMA EditorNovember 17, 2017
Procedural Law When one plea may cancel another This was held in a judgement delivered by Ms Justice Anna Felice on 10 October, 2017 in Arnold Joseph Grech and Doris Grech -v- Jimfard…MMA EditorOctober 20, 2017