If there is no fraud, the best evidence rule should apply on the quantum of a claim
The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is to apply the best evidence rule and choose the...
Knowledge of spoliation is sufficient
The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that person to be held responsible
A hint of acceptance of a debt interrupts prescription

In their application V&C held that it is owed €49996.15 by Tlata...

In their application V&C held that it is owed...

No need of interpretation when the wording of a contract is clear

The Court does not need to try to interpret an agreement, when the wording is...

The Court does not need to try to interpret an agreement,...

Prescription period for compensation of works between parts, commences upon split

Whosoever, without a just cause, enriches himself to the detriment of others shall, to the limits of such enrichment, reimburse and compensate any patrimonial...

Whosoever, without a just cause, enriches himself to the...

Unclear claims may be deduced from premises

Although a claim listed in an application may be unclear, other premises...

Although a claim listed in an application may be unclear,...

A bank guarantee is an autonomous obligation

A bank guarantee is intended to allow comfort for the bank to be paid for...

A bank guarantee is intended to allow comfort for the...

Extension of contract means an increase in payment

The Court of Appeal ruled that even though there is a fixed price contract, if...

The Court of Appeal ruled that even though there is a fixed...

Couple responsible for damages irrespective of subsequent separation

In a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah...

In a Court of Appeal judgement delivered on 11 December...

Discrimination is the difference in treatment of the same situation

In a judgment delivered on 5 December in Mark Muscat v HSBC, it was held...

In a judgment delivered on 5 December in Mark Muscat v...

Rent Regulation Board, not the courts, is competent to hear all cases concerning rent

The First Hall of Civil Court decided it was not competent to hear cases concerning rent issues in the case of Joseph Sammut v Liliana Jalil

The First Hall of Civil Court decided it was not competent...

Court removes parental authority from disinterested father

A judgement delivered on 21 November in LB v Dr Christopher Chircop and PL L...

A judgement delivered on 21 November in LB v Dr Christopher...

Period of prescription may be interrupted even after it elapses

The facts of the case of Joginder Singh Dhingsa v Anthony Grech et. revolved...

The facts of the case of Joginder Singh Dhingsa v Anthony...

Party cannot be in default if time period within which to reply has not elapsed

In a family law dispute named AB v CB, the plaintiffs asked the court to remove the defendants' statement of defence and courter claim

In a family law dispute named AB v CB, the plaintiffs asked...

Parties may compete with different titles over the same properties

In a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary...

In a judgement delivered in Joseph Camilleri and Michael...

The repossession of a property must be clearly mentioned as an action of spoliation

Arnaud's mother lived in a property in Valletta but once she passed away, his sister changed the locks, not allowing him to enter

Arnaud's mother lived in a property in Valletta but...

When a customer tells a service provider to stop, it means stop

The Small Claims Tribunal ruled that with the expiration of a TV contract, it...

The Small Claims Tribunal ruled that with the expiration of...

When one plea may cancel another

A plea claiming that an action is time barred, may be cancelled if one pleads that the claim itself is overstated

A plea claiming that an action is time barred, may be...

Get access to the real stories first with the digital edition

Subscribe