Civil LawProcedural Law The different approaches to revoke a garnishee order The party subject to a precautionary warrant, such as a garnishee order must choose carefully which procedure to use in order to ask the court…Marthese HiliSeptember 8, 2024
Civil LawProcedural Law Court will only investigate a request for a counter-warrant on a prima facie basis The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee…Marthese HiliAugust 14, 2022
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
Civil Law Prejudice is not a reason for a precautionary warrant to be revoked The Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced.MMA EditorNovember 1, 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 Law Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously The right to the remedies created by law cease where the abuse of such rights begin... whoever acts in bad faith should be condemned to…Marthese HiliDecember 7, 2018
Civil LawProcedural Law Civil courts are competent to decide on all civil matters The First Hall of the Civil Court is competent to decide on all civil matters that are raised before it, unless expressly excluded by law.…MMA EditorJanuary 27, 2017