Ligi Civili

Wednesbury unreasonableness takes its name from Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, a case arising from an everyday form of local regulatory power in the UK: the grant of a cinema licence subject to conditions. The local authority permitted a cinema to open on Sundays but attached a condition […]

The question whether “evidential onus” to justify a development proposal is placed upon an applicant in planning law cannot be answered without first clarifying what is meant by onus in a doctrinal sense. In classical common law theory, as developed in classical administrative and evidentiary jurisprudence, a distinction is drawn between the legal burden of […]

Co-ownership disputes often become difficult not because the law is unclear, but because parties treat a statutory route as if it were a broad discretion. Article 495A of the Civil Code (Chapter 16 of the Laws of Malta) is not an equitable shortcut. It is a tightly framed mechanism: it contains a jurisdictional gateway, it […]

Following a request by Għaqda Studenti tal-Liġi (GħSL), this article entitled ‘Actio Spolii u Actio Rei Vindicatoria‘ — published last week in their 2025 edition of Id-Dritt [35th Edition] —is being shared here to support second-year law students preparing for their Property Law exam. It focuses on two important remedies in Maltese civil law: the […]