A stay of proceedings may be allowed, however, the principle should be that a stay is an exceptional measure
The First Hall of the Civil Court accepted a plea by a defendant company to allow into suit the previous owners of a property
Evidence cannot be produced in submissions
From the evidence the court concluded that the bones of contention were that...
From the evidence the court concluded that the bones of...
An action of spoliation is one of public order
The Court held that the plaintiff did not have a right to an action of...
The Court held that the plaintiff did not have a right to...
Property is deemed to be commercial if complementary to the principal business
The board commented that in this case the discontinued conversion took place 12 years before the applicants filed their action in court
The board commented that in this case the discontinued...
Contractor has to make good for damage to State and private property
The Court observed that the tender included a number of conditions, obliging...
The Court observed that the tender included a number of...
Court corrects child’s surname
A number of witnesses confirmed that they heard the plaintiffs discuss the issue of the surname and had intended to register their child’s surname...
A number of witnesses confirmed that they heard the...
Tribunal asks developer to scale down development
Residences without a street frontage were permitted in the old policies
Residences without a street frontage were permitted in the...
Correct notification is essential for EU tax enforcement procedure
A Court revoked an enforcement decree since it was issued before the...
A Court revoked an enforcement decree since it was...
Eviction request: appeals should be filed within time prescribed by law
The Constitutional Court turned down an appeal from a partial judgement since it was filed beyond the obligatory 20 days
The Constitutional Court turned down an appeal from a...
Administrators of a vacant inheritance have to follow appointment procedure
In their application, the plaintiffs claimed that the defendants held on to a house in St Paul’s Bay against their will and they wanted them to be...
In their application, the plaintiffs claimed that the...
Court turns down plea that the applicant has other remedies
The First Hall of the Civil Court in its Constitutional jurisdiction turned...
The First Hall of the Civil Court in its Constitutional...
Harassment is harassment if there is more than one incident
Harassment can take the form of words or actions. The prosecution must prove a...
Harassment can take the form of words or actions. The...
Cash payments still have to be proved
The plaintiff had originally claimed before the Magistrates Court that Galea owed him €5,140 for merchandise that he had sold him
The plaintiff had originally claimed before the Magistrates...
A co-owner has to pay his share for urgent works
The shares of the co-owners shall, unless the contrary is proved, be presumed...
The shares of the co-owners shall, unless the contrary is...
Damages arise when a co-owner excludes another co-owner
Co-owners cannot occupy common property and take the fruits of that property...
Co-owners cannot occupy common property and take the fruits...
In spoliation, the perpetrator must be identified
The plaintiff in his application explained that a block of apartments owned by...
The plaintiff in his application explained that a block of...
Departmental decision is required for judicial review
A court may delve into a government department’s decision and not into...
A court may delve into a government department’s...
Interpretation of a contract is taken from the wording of the contract
The interpretation of a contract is done in accordance with Article 1002 of the Civil Code and therefore, the interpretation should be extracted from the...
The interpretation of a contract is done in accordance with...
Court must limit itself to the ground for liquidation proposed by the plaintiff
The court held that if the applicant company did not manage to satisfy the requisites which it itself quoted as being Article 214(2)(a)(ii) it could not...
The court held that if the applicant company did not manage...
