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Defendant cannot raise new pleas in appeal stage

Defendant cannot raise new pleas in appeal stage
Malcolm Mifsud
New pleas cannot be raised in an appeal of any of the parties.
Additional pipes and windows cannot be placed if not referred to in the contract

Additional pipes and windows cannot be placed if not referred to in the contract
Malcolm Mifsud
The servitudes mentioned in the contract are not to be added on if not agreed to, according to a judgment delivered in May 2025
If one wants to file an action for a retrial, the appropriate procedure must be used

If one wants to file an action for a retrial, the appropriate procedure must be used

Malcolm Mifsud

Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure

Not any action may be used for the purposes of a retrial,...

Police must not rest on a report but investigate before issuing charges

Police must not rest on a report but investigate before issuing charges

Malcolm Mifsud

The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a...

The police must not issue charges on the basis of a police...

Pretended rights charges borders on the civil law rights

Pretended rights charges borders on the civil law rights

Malcolm Mifsud

Although the charge of pretended rights is a crime, it is not far off from...

Although the charge of pretended rights is a crime, it is...

Constructive dismissal takes place when employee is forced to resign against his will

Constructive dismissal takes place when employee is forced to resign against his will

Malcolm Mifsud

When resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal

When resigns not because he wants to but because of the...

A direct relationship establishes a juridical relationship

A direct relationship establishes a juridical relationship

Malcolm Mifsud

The involvement of a third party in a contract of works puts in doubt the...

The involvement of a third party in a contract of works...

There must be a clear understanding in a Prestanome arrangement

There must be a clear understanding in a Prestanome arrangement

Malcolm Mifsud

A Prestanome is an indirect mandate, but the parties have to be aware of its...

A Prestanome is an indirect mandate, but the parties have...

Second wife of a few months is entitled to reserved portion after the death of the husband

Second wife of a few months is entitled to reserved portion after the death of the husband

Malcolm Mifsud

The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion

The law provides that the widow of a divorced husband is...

Reasonable time in criminal proceedings, is without delay

Reasonable time in criminal proceedings, is without delay

Malcolm Mifsud

There is a distinction between civil and criminal proceedings when analysing...

There is a distinction between civil and criminal...

A fair trial includes on whether a judgement can be enforced

A fair trial includes on whether a judgement can be enforced

Malcolm Mifsud

When examining whether there was a fair trial, a constitutional court will not...

When examining whether there was a fair trial, a...

Prescription period starts upon last entry of the account

Prescription period starts upon last entry of the account

Malcolm Mifsud

A commercial account between two companies starts not when the order was...

A commercial account between two companies starts not when...

Penalties imposed on who issues needless warrants is a question of public order

Penalties imposed on who issues needless warrants is a question of public order

Malcolm Mifsud

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 to allow the abuse of...

The Court has the discretion to impose a penalty on a party...

There is no judicial review for decisions refusing citizenship applications

There is no judicial review for decisions refusing citizenship applications

Malcolm Mifsud

The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review

The granting of citizenship is the Minister’s...

Appeals from arbitration awards are limited to legal points

Appeals from arbitration awards are limited to legal points

Malcolm Mifsud

The Court held that an appeal from an Arbitration award was inadmissible at law...

The Court held that an appeal from an Arbitration award was...

Maintenance must be paid until it is decided otherwise

Maintenance must be paid until it is decided otherwise

Malcolm Mifsud

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Maintenance must be paid until it is decided otherwise

Maintenance must be paid until it is decided otherwise

Malcolm Mifsud

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Lawyers’ obligations cease when company is struck off

Lawyers’ obligations cease when company is struck off

Malcolm Mifsud

A law firm engaged by shareholders to set up a company and other services cease...

A law firm engaged by shareholders to set up a company and...

Guarantees offering general and special hypothecs in favour of a bank, more than adequate security

Guarantees offering general and special hypothecs in favour of a bank, more than adequate security

Malcolm Mifsud

The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants

The Court held that HSBC Bank Malta offer...

Commercial leased properties must be made use of

Commercial leased properties must be made use of

Malcolm Mifsud

A lease of a commercial premises will be terminated if it is not being made use...

A lease of a commercial premises will be terminated if it...

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