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An order to be maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offence
An order to be maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offence
Lawyers’ obligations cease when company is struck off
A law firm engaged by shareholders to set up a company and other services cease...
A law firm engaged by shareholders to set up a company and...
Guarantees offering general and special hypothecs in favour of a bank, more than adequate security
The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants
The Court held that HSBC Bank Malta offer...
Commercial leased properties must be made use of
A lease of a commercial premises will be terminated if it is not being made use...
A lease of a commercial premises will be terminated if it...
Filing late reply before Arbiter for Financial Services has consequences
The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies
The late submission of a reply before the Arbiter for...
Court may not be competent to hear a counter-claim due to the sum claimed
A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear case
A court may not be competent to hear a counter-claim...
Usury may occur upon the promise of higher interest rates
The crime of usury take place even before the transaction, but upon the...
The crime of usury take place even before the transaction,...
There is no legal right to parking in front of one’s home
There is no legal right for anyone to object to road markings on the ground...
There is no legal right for anyone to object to road...
Evaluation of appeal is required to determine which declarations are res judicata
A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgment Sarah Gatt v. Jean Pierre Gatt delivered on the 26th...
A decision of the Civil Court (Family Section) was...
Constitutional proceedings can be initiated if there’s no effective and adequate remedy
This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction
This principle was reiterated in Ismail Issa v. Attorney...
Defence of insanity upheld
The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence
The Court must examine whether at the time of the...
Disciplinary processes required before serious decision to terminate employment
Case filed Giulia Gattuccio against her former employer Suda Entertainments Ltd, claiming unfair dismissal
Case filed Giulia Gattuccio against her former employer...
Those who are not entitled to social benefits should refund
Those individuals who have been given social benefits but then discovered that...
Those individuals who have been given social benefits but...
Investment companies should update their customers to allow them to query
Investment companies should inform their customers on how their investment is developing in order to allow them to take educated decisions and query investment...
Investment companies should inform their customers on how...
Courts must take into consideration all documents when deciding
Courts and administrative tribunals must take into consideration all the...
Courts and administrative tribunals must take into...
Prejudice is not a reason for a precautionary warrant to be revoked
The Court will not revoke a garnishee order on the ground that the subject of...
The Court will not revoke a garnishee order on the ground...
Tax valuation takes into consideration whether airspace can be developed
For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed
For the purposes of tax valuation, the Tax Commissioner is...
Court costs may be apportioned amongst the parties
The Court may apportion the court costs of a case to both parties and not...
The Court may apportion the court costs of a case to both...
Country to The Hague Convention is a stumbling block for children to travel
If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child Abduction, the other parent may...
If a child travels with one of the parents to a country not...
