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The different approaches to revoke a garnishee order

The different approaches to revoke a garnishee order
Malcolm Mifsud
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 to revoke it
An employer does not have the power to reject an employee’s resignation

An employer does not have the power to reject an employee’s resignation
In the case Clayton Zammit vs Erica Pantaleon, decided by the Industrial Tribunal on the 7 August 2024, the Tribunal decided that the case lodged by the plaintiff was presented...
A new lease agreement is deemed to be renunciation of the old lease agreement

A new lease agreement is deemed to be renunciation of the old lease agreement

Malcolm Mifsud

When a landlord does not accept the termination of a lease agreement but rents the same property to a third party, this would, in fact, mean that he would be...

When a landlord does not accept the termination of a lease...

Once a company is inactive for a period of time, its liquidation would be justified

Once a company is inactive for a period of time, its liquidation would be justified

Malcolm Mifsud

If the reason for a company does not exist anymore, then the company should be liquidated

If the reason for a company does not exist anymore, then...

Attorney General must quote correct articles of law for Court to consider crimes

Attorney General must quote correct articles of law for Court to consider crimes

Malcolm Mifsud

The Attorney General must indicate under which articles of law the accused is accused, and the Court must consider the Article mentioned in the Attorney...

The Attorney General must indicate under which articles of...

Majority co-owners may sell property if all conditions are fair

Majority co-owners may sell property if all conditions are fair

Malcolm Mifsud

The Court must be satisfied that the minority of co-owners of a property will...

The Court must be satisfied that the minority of co-owners...

When contractual obligations are outlined clearly in writing, obligations must be honoured

When contractual obligations are outlined clearly in writing, obligations must be honoured

The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations...

The Court ruled that when contractual obligations are...

Court of Appeals asks Identity Malta Agency to be more humane

Court of Appeals asks Identity Malta Agency to be more humane

Malcolm Mifsud

The Court of Appeal criticised Identity Malta Agency for expecting an applicant...

The Court of Appeal criticised Identity Malta Agency for...

Wife loses maintenance because she was the main contributor to breakdown of marriage

Wife loses maintenance because she was the main contributor to breakdown of marriage

Malcolm Mifsud

The Court ruled that once the wife contributed to the breakdown of the marriage, she lost the right to maintenance • This was held in PB v JB...

The Court ruled that once the wife contributed to the...

Interim measures only granted by the Constitutional Court when no ordinary remedy is available

Interim measures only granted by the Constitutional Court when no ordinary remedy is available

Malcolm Mifsud

Interim measures will only be granted by the Constitutional Court when no ordinary remedy is at the disposition of the claimant

Interim measures will only be granted by the Constitutional...

Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied

Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied

Malcolm Mifsud

A warrant of prohibitory injunction will only be issued by the Court when the conditions outlined in the Law are cumulatively satisfied

A warrant of prohibitory injunction will only be issued by...

Retrial proceedings should not serve as a means of a further appeal

Retrial proceedings should not serve as a means of a further appeal

Malcolm Mifsud

In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe...

In a judgement in the names of Al-Masri Agostina Vs...

Shareholder may use directors of struck-off company only on personal rights

Shareholder may use directors of struck-off company only on personal rights

Malcolm Mifsud

A shareholder of a company which is now struck off the Companies Register is allowed to sue directly the former directors, as long as the claim refers to the...

A shareholder of a company which is now struck off the...

Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer

Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer

Malcolm Mifsud

It is not just and equitable that the applicant for a work and residence permit (a Single Permit) application must bear the responsibility for the shortcomings...

It is not just and equitable that the applicant for a work...

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Restorative justice in action

Before depositing rent in court, a tenant must first offer payment

Malcolm Mifsud

Payment of rent by agricultural produce has to be subject to a written agreement

Malcolm Mifsud
Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing

Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing

Malcolm Mifsud

The fundamental right to a fair hearing is infringed when parties are not notified of proceedings being instituted against them

The fundamental right to a fair hearing is infringed when...

A new lease agreement is deemed to be renunciation of the old lease agreement

A new lease agreement is deemed to be renunciation of the old lease agreement

Malcolm Mifsud

When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact mean that he would be...

When a landlord does not accept the termination of a lease...

A new lease agreement is deemed to be renunciation of the old lease agreement

A new lease agreement is deemed to be renunciation of the old lease agreement

Malcolm Mifsud

When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact mean that he would be...

When a landlord does not accept the termination of a lease...

An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment

An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment

Malcolm Mifsud

An immigrant shall not be deemed to be overstaying from a date of termination of employment when such date was determined only by the employer and the...

An immigrant shall not be deemed to be overstaying from a...

A judicial letter must also be notified to the authorised insurance in motor vehicle collisions

A judicial letter must also be notified to the authorised insurance in motor vehicle collisions

In Motor vehicle collisions, where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter shall also be notified...

In Motor vehicle collisions, where the claim arises under...

Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act

Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act

The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights of the plaintiff...

The operations of the Reletting of Urban Property...

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