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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 Constitution of Malta...
The Parties who file claims and pleas must prove to the Court their respective positions
The parties must prove the claims against each other
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
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...
Attorney General must quote correct articles of law for Court to consider crimes
The Attorney General must indicate under which articles of law the accused is accused, and the Court must consider the Article mentioned in the Attorney...
The Attorney General must indicate under which articles of...
Majority co-owners may sell property if all conditions are fair
The Court must be satisfied that the minority of co-owners of a property will...
The Court must be satisfied that the minority of co-owners...
When contractual obligations are outlined clearly in writing, obligations must be honoured
The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations...
The Court ruled that when contractual obligations are...
Court of Appeals asks Identity Malta Agency to be more humane
The Court of Appeal criticised Identity Malta Agency for expecting an applicant...
The Court of Appeal criticised Identity Malta Agency for...
Wife loses maintenance because she was the main contributor to breakdown of marriage
The Court ruled that once the wife contributed to the breakdown of the marriage, she lost the right to maintenance • This was held in PB v JB...
The Court ruled that once the wife contributed to the...
Interim measures only granted by the Constitutional Court when no ordinary remedy is available
Interim measures will only be granted by the Constitutional Court when no ordinary remedy is at the disposition of the claimant
Interim measures will only be granted by the Constitutional...
Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied
A warrant of prohibitory injunction will only be issued by the Court when the conditions outlined in the Law are cumulatively satisfied
A warrant of prohibitory injunction will only be issued by...
Retrial proceedings should not serve as a means of a further appeal
In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe...
In a judgement in the names of Al-Masri Agostina Vs...
Shareholder may use directors of struck-off company only on personal rights
A shareholder of a company which is now struck off the Companies Register is allowed to sue directly the former directors, as long as the claim refers to the...
A shareholder of a company which is now struck off the...
Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer
It is not just and equitable that the applicant for a work and residence permit (a Single Permit) application must bear the responsibility for the shortcomings...
It is not just and equitable that the applicant for a work...
Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing
The fundamental right to a fair hearing is infringed when parties are not notified of proceedings being instituted against them
The fundamental right to a fair hearing is infringed when...
A new lease agreement is deemed to be renunciation of the old lease agreement
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...
A new lease agreement is deemed to be renunciation of the old lease agreement
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...
An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment
An immigrant shall not be deemed to be overstaying from a date of termination of employment when such date was determined only by the employer and the...
An immigrant shall not be deemed to be overstaying from a...
A judicial letter must also be notified to the authorised insurance in motor vehicle collisions
In Motor vehicle collisions, where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter shall also be notified...
In Motor vehicle collisions, where the claim arises under...
Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act
The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights of the plaintiff...
The operations of the Reletting of Urban Property...
