Court takes into consideration feast traditions
The Magistrates Court took into consideration the long-standing tradition that takes place in feasts and the public safety in considering criminal charges
Disability caused by medical procedures places onus of proof on professional
While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that the medical procedure was carried out...
Union cannot decide instead of member

A union cannot finalise an agreement with an employer without the explicit consent of the member

A union cannot finalise an agreement with an employer...

Tenant’s surviving relative ordered to vacate rented property

The Tribunal said that evidence showed that the plaintiff’s deceased...

The Tribunal said that evidence showed that the...

Pensioners can be awarded damages for permanent disability

The court found that despite being the age of 83, she was still entitled to...

The court found that despite being the age of 83, she was...

Co-owners may be given the keys of the common property

The First Hall of the Civil Courts held that all co-owners have a right to the...

The First Hall of the Civil Courts held that all co-owners...

Mother obtains exclusive care and custody of child

The evidence in this case showed that the minor child was brought up...

The evidence in this case showed that the minor child was...

Legatee must request the release of the property from the heirs in solidum

Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property

Legatees must file for court actoin against all heirs...

If you broke your leg 50 years ago, tell your medical insurance provider

The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can claim

The court said it could not impose upon the insurance...

Property not forfeited in favour of government when not of criminal origin

The court held that the fact that the couple were granted a banking facility in order to acquire the property meant that the spouses had a regular employment...

The court held that the fact that the couple were granted a...

Authority issuing a tender must give  all information to all tenderers

The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient.

The Court of Appeal ordered that a tender be re-issued...

Not refunding payment may constitute a crime

A supplier who failed to refund an order which was cancelled on the hope that...

A supplier who failed to refund an order which was...

There is a distinction between personal and corporate representation

The Tribunal also disagreed with the Board of Governors that the application...

The Tribunal also disagreed with the Board of Governors...

Slanderous words written on social media no longer constitute a criminal offence

Due to legal amendments that came into force in May 2018, words declared or published on social media with the aim of slandering a person cannot be considered...

Due to legal amendments that came into force in May 2018,...

Tribunal revokes Police Commissioner’s decision to bar former convict from becoming a private guard

The Administrative Review Tribunal has held that the Police Commissioner cannot simply bar an ex-convict from obtaining a licence to provide the service...

The Administrative Review Tribunal has held that the...

Residential leased property must be lived in

The Board said that due to articles in the Civil Code, the resident has the...

The Board said that due to articles in the Civil Code, the...

Court gives explanation between 10 and 30 years’ acquisitive prescription

The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years and the possession must...

The First Hall of the Civil Courts said for the 30 years...

Agreement deemed not fraudulent in view of solvency of debtor

The element of consilium fraudis is satisfied if it is proven that the act in...

The element of consilium fraudis is satisfied if it is...

Unconvincing evidence is not tantamount to fraud

Mr Justice Chetcuti said that evidence produced by one party, which does not...

Mr Justice Chetcuti said that evidence produced by one...

Judicial letters must be addressed to corporate structures with judicial personalities

Judicial letters may be addressed to corporate structures, however, these must have a judicial personality

Judicial letters may be addressed to corporate structures,...