Tribunal rules it is competent to decide on claims deriving from leases
A Small Claims Tribunal presided by Dr Censu Galea, in Anthony and Mary Dolores Montebello -v- Falk Lindner and Jaynell Lindner, held on 17 February that it was competent to...
Heirs block testamentary executor
The First Hall of the Civil Court on 9 February, 2015 upheld a request to block a testamentary executor from carrying out his duties in lieu of a pending court case against...
Administrative Tribunal disagrees with board’s interpretation of documentary evidence

The Administrative Review Tribunal held on November 17, 2014 that the Transfer of Residence Exemption Board misinterpreted clear documentary evidence that an...

The Administrative Review Tribunal held on November 17,...

New Planning Tribunal should have given opportunity to all parties to present evidence

The Court of Appeal ruled on 12 November, 2014 in Joseph Xuereb -v- MEPA, that a letter challenging a stop notice was in fact an appeal in terms of the...

The Court of Appeal ruled on 12 November, 2014 in Joseph...

Giving a second chance

The Court of Criminal Appeal on November 3, 2014 told a Magistrate’s Court to reactivate a suspended sentence in order to give an accused person another...

The Court of Criminal Appeal on November 3, 2014 told a...

When can a law firm disclose information?

A dispute between ultimate beneficiaries of a company registered in Malta,...

A dispute between ultimate beneficiaries of a company...

High sulphur content in gasoil justifies seizure

The First Hall of the Civil Court on 21 October, 2014 turned down a request...

The First Hall of the Civil Court on 21 October, 2014...

Damages awarded following eviction

The First Hall of the Civil Court awarded damages to the owners of rural land and a farmhouse following the eviction of the occupiers of the land. 

The First Hall of the Civil Court awarded damages to the...

Court qualifies audited accounts

The court ordered a company to pay its former pharmacist after it concluded that the audited accounts did not reflect the reality of what had actually taken...

The court ordered a company to pay its former pharmacist...

Courts may hear disputes, irrespective of arbitration clause

The courts may hear and decide upon disputes between parties of an agreement...

The courts may hear and decide upon disputes between...

Court orders son to be returned to the UK

The Court ordered that a young boy be taken back to his ordinary residence in...

The Court ordered that a young boy be taken back to his...

Court allows liquidation of a company

The First Hall of the Civil Court on 15 September, 2014 appointed a liquidator to prepare and register the liquidation of MIMS Supplies Limited. 

The First Hall of the Civil Court on 15 September, 2014...

The onus of proof in electricity theft is shifted on to the defendant

The Magistrates’ Court ruled on 21 August that in electricity theft the...

The Magistrates’ Court ruled on 21 August that in...

Debtor will have to pay interest and judicial costs

If a debtor does not show that there was a valid reason not to pay a debt, then...

If a debtor does not show that there was a valid reason not...

Court blocks private sale of arrested vessel

The First Hall of the Civil Court did not allow a company to purchase a vessel...

The First Hall of the Civil Court did not allow a company...

Tribunal should not hide its expert

The Court of Appeal ruled on 11 August, 2014 that a tribunal may make use of an expert, so as long as it is in open court. 

The Court of Appeal ruled on 11 August, 2014 that a...

Matrimonial home is no guarantee for garnishee order in separation proceedings

The Family Court turned down a request to withdraw a garnishee order between spouses since the husband was giving the matrimonial home as a guarantee. 

The Family Court turned down a request to withdraw a...

Court sends relapser to jail

A court sent a relapser to prison after he was accused of theft, to which he pleaded guilty.

A court sent a relapser to prison after he was accused...

Agency uses wrong procedure to collect a refund

The First Hall of the Civil Court ruled that Article 466 of the Code of...

The First Hall of the Civil Court ruled that Article 466 of...

Defendant had no legal title to use the property

On 18 July, 2014, the Court of Appeal in its Superior Jurisdiction confirmed a...

On 18 July, 2014, the Court of Appeal in its Superior...