MaltaToday.com.mt - Comment / Law Report

A creditor may ask a company to be revived

Malcolm Mifsud

A company which is owed money from a company which has been struck off the Companies Register may ask the Court to revive the company in order to proceed against it

The elements of a retrial must be cumulative

Malcolm Mifsud

When arguing for a retrial, the elements of a retrial must all exist

Warrant of prohibitory injunction approved irrespective of special hypothec

Malcolm Mifsud

A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour

A Magistrate’s Court upheld an application for a...

When buyer discovers defect, he must take legal action within six months

Malcolm Mifsud

The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted

The Magistrates Court upheld a plea of prescription because...

Court rules that articles of law need not necessarily be mentioned at the conclusion of a judgment

Malcolm Mifsud

A judgment is not null and void if the Court fails to mention all the articles of law in its conclusion, but are mentioned in other parts of the judgment

A judgment is not null and void if the Court fails to...

No revocation of garnishee order if filed correctly

Malcolm Mifsud

If a garnishee order is filed according to law, then it should not be revoked,...

If a garnishee order is filed according to law, then it...

Malcolm Mifsud

In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment

In the case where a plaintiff is seeking payment and the...

Vicarious liability in charge sheet must be indicated

Malcolm Mifsud

A person who is being charged with a crime committed when holding a...

A person who is being charged with a crime committed...

No need of judicial acts before appeals before Administrative Review Tribunal

Malcolm Mifsud

The Administrative Review Tribunal turned down a plea from the Ministry of Education that judicial acts should be filed before actions are filed with the...

The Administrative Review Tribunal turned down a plea from...

Police statement dismissed as hearsay evidence unless corroborated in court

Malcolm Mifsud

A magistrate’s court held that a statement given to the police which was not corroborated by any other evidence in court was tantamount to...

A magistrate’s court held that a statement...

Every EU State must apply directives in conformity with the individual EU member state’s law

Malcolm Mifsud

When the Maltese Parliament transposes a Directive in the Enforcement of Intellectual Property Rights (Regulation) Act, its application must be in conformity...

When the Maltese Parliament transposes a Directive in the...