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A request for retrial cannot be made to contest the interpretation of First Court

A request for retrial cannot be made to contest the interpretation of First Court
Jodie Darmanin
A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court
Once a company does not pay its debts the court may liquidate it

Once a company does not pay its debts the court may liquidate it
Malcolm Mifsud
The law allows a liquidation of a company upon the application of a creditor if the debtor company is served with an executive title and fails to pay within 24 hours. This concept...
Court must be precise on whether it is finding the accused guilty or not

Court must be precise on whether it is finding the accused guilty or not

Malcolm Mifsud

A judgment is null if it is not clear whether the court has found a person guilty or not of a crime

A judgment is null if it is not clear whether the court has...

Legitimate expectations are not set in stone

Legitimate expectations are not set in stone

Malcolm Mifsud

The changes in circumstances may allow a change in legitimate expectations

The changes in circumstances may allow a change in...

You can only sell what you have

You can only sell what you have

Malcolm Mifsud

A promise of sale agreement could not have been entered into because the seller did not yet own the property

A promise of sale agreement could not have been entered...

The action of spoliation is intended to keep the public order

The action of spoliation is intended to keep the public order

Malcolm Mifsud

The action to reverse an act of spoliation is intended to stop a person from...

The action to reverse an act of spoliation is intended to...

A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment

A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment

Following a constitutional judgment declaring that the owner’s property rights have been infringed, a tenant may be evicted if he solely rests upon the...

Following a constitutional judgment declaring that the...

Nullifying a fine which breaches natural justice

Nullifying a fine which breaches natural justice

The Court declared a fine issued by the Sanctions Monitoring Board on the...

The Court declared a fine issued by the Sanctions...

An applicant refused a Single Work Permit should be notified about the basic right of appeal

An applicant refused a Single Work Permit should be notified about the basic right of appeal

Malcolm Mifsud

The Court has established that the appellee was legally present in Malta or elsewhere in the European Union and that his submission for appeal in front of the...

The Court has established that the appellee was legally...

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case

Malcolm Mifsud

If the same parties to a case, are before the Court of Appeal, then the Court of first instance of another case which is identical, may be suspended in order...

If the same parties to a case, are before the Court of...

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban

Malcolm Mifsud

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban given by the Principal Immigration Officer

Lack of evidence pushes the Immigration Appeals Board to...

Representation must be proven

Representation must be proven

Malcolm Mifsud

Those who claim to represent a party in a lawsuit have to prove their representation

Those who claim to represent a party in a lawsuit have to...

A consignee is considered to be a legitimate respondent in intellectual property proceedings

A consignee is considered to be a legitimate respondent in intellectual property proceedings

Malcolm Mifsud

A consignee is considered to be a legitimate respondent in intellectual property proceedings

A consignee is considered to be a legitimate respondent in...

Strict interpretation of the law when challenging a judge

Strict interpretation of the law when challenging a judge

Malcolm Mifsud

The court must interpret the law on the recusal of a judge strictly

The court must interpret the law on the recusal of a judge...

Strict interpretation of the law when challenging a judge

Strict interpretation of the law when challenging a judge

Malcolm Mifsud

The court must interpret the law on the recusal of a judge strictly

The court must interpret the law on the recusal of a judge...

Court may accept declarations made by deceased witness

Court may accept declarations made by deceased witness

Malcolm Mifsud

The Court may accept, in the interest of justice, an affidavit prepared by...

The Court may accept, in the interest of justice, an...

Judge pins court delays on government, abusive defendants and their lawyers

Judge pins court delays on government, abusive defendants and their lawyers

Malcolm Mifsud

The length of time taken to conclude a court case is unreasonable and violates the right to a proper and reasonable hearing as provided by Article 39 of the...

The length of time taken to conclude a court case is...

The parties must prove the claims against each other

The parties must prove the claims against each other

Malcolm Mifsud

The Parties who file claims and pleas must prove to the Court their respective...

The Parties who file claims and pleas must prove to the...

The parties must prove the claims against each other

The parties must prove the claims against each other

Malcolm Mifsud

The Parties who file claims and pleas must prove to the Court their respective...

The Parties who file claims and pleas must prove to the...

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...

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