Partial deprivation of one’s interest in or right over his own property may still constitute a breach of the fundamental right of enjoyment of one’s own property
An alleged HIV infection took place in 2012, but the only test carried out by the Court’s expert was in 2016 so there was no sufficient evidence to support the...
Court of Criminal Appeal unconvinced by prosecution’s version of events
The Court of Criminal Appeal upheld an appeal lodged by former employers, claiming that it was unconvinced with the complainant’s version in her testimony
The Court of Criminal Appeal upheld an appeal lodged by...
Court pinpoints offence for using false card at an ATM
These persons were taking money directly from personal accounts of individuals...
These persons were taking money directly from personal...
Judge gives the history of the Courts’ summer recess
The Court held that the Code does not make any reference to when the recess...
The Court held that the Code does not make any reference to...
Employer has to verify resignation claim when alleged by third party
In this case the Tribunal held that an employer’s failure to confirm...
In this case the Tribunal held that an...
Shortfalls in appraisement of property do not result in the suspension of a judicial sale by auction
The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the burdens,...
The said provision of the law states that in the valuation...
Criminal inconvenience must be grave, continuous and intense
Usta was accused of operating a loud speaker, gramophone, amplifier etc and...
Usta was accused of operating a loud speaker, gramophone,...
Prohibitory injunction upheld only if it protects right
The Court turned down the application to issue the warrant...
The Court turned down the application to issue the...
Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums
his case was an appeal by the defendants who held that the decision taken by both the First Hall Civil Court as well as the Court of Appeal contained...
his case was an appeal by the defendants who held that the...
Court confirms revocation of pension and refund of pensionable funds
The Director General has the responsibility to decide to revoke a pension...
The Director General has the responsibility to decide...
Housewife and pensioner still entitled to permanent disability compensation following accident
The Civil Court held in its judgement that the driver who hit a pedestrian should still have used better judgment, even though she was blinded by...
The Civil Court held in its judgement that the driver...
Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations
The Court concluded that the only way by which the Authorities could be found to have abused their position and implemented an ultra...
The Court concluded that the only way by which the...
Carpenter has to pay for difference of prices for replacement works
The Magistrate’s Court in Gozo ordered a carpenter to pay for the...
The Magistrate’s Court in Gozo ordered a carpenter to...
Trial periods for new employees are subject to the law
The Police had accused Khalifa, an owner of a business, with failing to pay the...
The Police had accused Khalifa, an owner of a business,...
Agricultural lease is terminated due to illegal construction
The defendants filed a statement of defence and in it they claimed that the...
The defendants filed a statement of defence and in it they...
Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant
Unless the evidence produced, and the charges brought correspond to what is on the charge sheet, then the Court is obliged to dismiss the claim
Unless the evidence produced, and the charges brought...
When landlord offers tenant alternative accommodation, this has to be done in good faith
Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must be in...
Article 9(a) of the Reletting of Urban Property...
Court explains elements of Article 495A allowing co-owners to bring action for the sale of a property in cases of disagreement
The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et Vs Abela Fiorella,...
The particular elements of this section in the Civil Code...
When parties create a contract it should be presumed that only that which was written was intended to form part of the agreement
The Court heard the facts presented by the parties, which explained that the two band clubs, both found in Hal Qormi, had created a contract in 1999 in order...
The Court heard the facts presented by the parties, which...
