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 Law If you are appointed by a minister, you are Government The Court indicated that although the Superintendence of Cultural Heritage has a separate judicial personality, it still has the characteristics of a government agency and…MMA EditorFebruary 8, 2019
Property Law Shortfalls in appraisement of property do not result in the suspension of a judicial sale by auction The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the…Marthese HiliAugust 17, 2018
Constitutional Law Housewife and pensioner still entitled to permanent disability compensation following accident The Civil Court held in its judgement that the driver who hit a pedestrian should still have used better judgement, even though she was blinded…MMA EditorJuly 13, 2018
Civil Law Couple responsible for damages irrespective of subsequent separation A married couple are jointly responsible for damages caused to another property, if at the time, it formed part of their community of acquests, even…Marthese HiliDecember 22, 2017
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
Civil LawProperty Law The repossession of a property must be clearly mentioned as an action of spoliation This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application…Marthese HiliNovember 3, 2017
Constitutional LawProcedural LawProperty Law Eviction cannot be blocked by the Court, if it has already been carried out The First Hall of the Civil Court turned down a request to issue a warrant of prohibitory injunction to block an eviction, when the court…Marthese HiliSeptember 8, 2017
Civil Law No revocation of garnishee order if filed correctly The First Hall of the Civil Court on 2 August, 2017 ruled that if a garnishee order is filed according to law, then it should…MMA EditorAugust 11, 2017
Civil LawProcedural Law Actions must be filed within the prescribed time A court turned down an action which was instituted after a 20-day period stipulated by Article 466 of the Code of Organisation and Civil Procedure.…MMA EditorJune 16, 2017