Sciberras Associates Advocates

23/06/2025

📣 Anthony Sciberras et -vs- Angelo D'Amato et - App. Ċiv. 176/2012 (Retrial) - 23 June 2025: Reaffirming Article 435 Civil Code

In a recent judgment delivered on 23 June 2025, the Court of Appeal definitively rejected an application for retrial (ritrattazzjoni) under Article 811(e) COCP, which sought to annul a prior judgment on the basis of alleged misapplication of the law.

The applicants (defendants in the case) had argued that in its judgment handed down on the 3rd of October 2024, the Court of Appeal had wrongly applied Article 435 of the Civil Code, asserting that this provision - which imposes a mandatory three-metre distance between buildings in certain circumstances - did not apply to boundary wall constructions. The Court, however, dismissed the argument, clarifying that Article 435 remains applicable even when the first building is constructed directly on the boundary, provided that the second builder chooses not to avail himself of the right to make the party wall common (which applicant's could not have done in this particular case).

The judgment revisits the historical foundations of Article 435 C.C., tracing its lineage through the Codice Albertino and Codice Civile Italiano, and affirming its public order function in preventing conflicts between neighbours by ensuring adequate separation. The Court rightly held that its earlier application of the law stemmed from correct legal reasoning and not from any manifest error as required by Article 811(e) for retrial to be admissible.

⚖️ The plaintiffs' position was thus upheld, and the retrial dismissed with costs against the applicants.

(N.B. The accompanying image is AI-Generated).

23/06/2025

📣 Dorianne Pawney -vs- L-Avukat tal-Istat et (Rikors Nru. 83/2020 AF) ⚖️

The Constitutional Court has confirmed that the applicant’s fundamental rights were breached due to the State’s failure to offer timely and effective protection from prolonged domestic violence and threats.

While the first court awarded €30,000 in damages, the Constitutional Court upheld the finding of rights violations under both the Constitution and the European Convention, though it revised compensation to €10,000.

Notably, the Court recognised the fear, powerlessness, and despair that permeated the applicant’s life for over a decade, and how she was at times drawn back into contact with her aggressor simply to find momentary relief from his suffocating harassment. It also observed the persistent efforts of her legal team and the systemic shortcomings in law enforcement’s response.

This case reaffirms the State’s duty to act decisively and protect victims of domestic abuse, not only through legal frameworks but through prompt enforcement and coordinated support.

🛡️ At Sciberras Associates Advocates, we remain committed to pursuing justice for those let down by the system.

(N.B. The accompanying image is AI-Generated).

14/10/2023

Proud to have been of service. Well done to our Senior Associate Dr Steph Caruana for handling this delicate case.

Il-Qorti Kostituzzjonali qalet li l-Istat naqas lejn il-vittma.

12/10/2023

20/05/2023

Something is brewing at SA Publishing 🤩

17/10/2022

SA Publishing is now in the final production stages of the final volume of "L-Alfabett tal-Kodiċi Ċivili" series by Judge Emeritus Philip Sciberras. This will be Volum T-Ż. A special thanks goes to Rodianne Sciberras for her meticulous proof reading and pre-publication editing, as well as to Joseph Schembri, our typesetter and to David and his team at Gutenberg Press Ltd who will be printing this book.

For now we will just give you a small teaser 😉 So stay tuned for further updates as we have them