Court gives explanation between 10 and 30 years’ acquisitive prescription
The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years and the possession must be as the owner
Agreement deemed not fraudulent in view of solvency of debtor
The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors
Judicial letters must be addressed to corporate structures with judicial personalities

Judicial letters may be addressed to corporate structures, however, these must have a judicial personality

Judicial letters may be addressed to corporate structures,...

Tenant to pay for fire damage caused by TV

The Rent Regulation Board has ordered a tenant to pay for the repairs of a...

The Rent Regulation Board has ordered a tenant to pay for...

Summary dismissal of employees is the exception not the rule

A recent Appeals Court case determined that an employer may only dismiss an...

A recent Appeals Court case determined that an employer may...

Court does not accept clauses that hide an elevated interest rate on loan

The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted

The court found that any loan agreement which hides the...

If you are appointed by a minister, you are Government

he Court indicated that although the Superintendence of Cultural Heritage has a...

he Court indicated that although the Superintendence of...

Appeals Court annuls judgement after Court fails to list articles of law

In the case of Police vs Keith Pace, the Court of Criminal Appeal declared that a judgement is null and void since the First Court failed to list the Articles...

In the case of Police vs Keith Pace, the Court of Criminal...

Elements of an action sufficient for that action to be sustained

e type of action does not need to be explicitly pointed out, however if the...

e type of action does not need to be explicitly pointed...

Court is limited to its competency

The Magistrates’ Court may award damages limited to it the amount it is competent to award, even though the damages may be of a higher amount the Court...

The Magistrates’ Court may award damages limited to...

Don’t press ‘like’ on the competition’s Facebook page

The Court of Appeal agreed with an employer who gave a warning to an employee...

The Court of Appeal agreed with an employer who gave a...

Tables and chairs or parking spaces? That is the question

The Administrative Review Tribunal held that the Lands Authority has a right to...

The Administrative Review Tribunal held that the Lands...

Persons who have mental health issues still have the right to draw a will

The fact that a testator has mental health issues at the time he draws up a will, does not mean that that will is null and void

The fact that a testator has mental health issues at the...

Warrant issued due to actual fear of flight of minor from Malta

The Family Court has issue a warrant not allowing a minor to travel due to a...

The Family Court has issue a warrant not allowing a minor...

Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously

The right to the remedies created by law cease where the abuse of such rights begin... whoever acts in bad faith should be condemned to pay damages

The right to the remedies created by law cease where the...

Person responsible for damages due to bounced cheques

The First Hall of the Civil Courts ordered man to pay damages after he...

The First Hall of the Civil Courts ordered man to pay...

Appeal is null if there is no request to revoke or reform first judgement

Mr Justice Anthony Ellul presiding over the Court of Appeal, held that an appeal in Bank of Valletta plc vs the Data Protection Commissioner and Malta Public...

Mr Justice Anthony Ellul presiding over the Court of...

Court awards damages following works in adjacent property

The Court concluded that once the damages were caused, the contractors who...

The Court concluded that once the damages were caused, the...

Conditions of contracts are applicable on all parties

Parties to a contract are bound by the conditions they agree to when signing

Parties to a contract are bound by the conditions they...

Joint care and custody can be given, even if the child resides abroad

A father can have joint custody of his son even if the mother and son live...

A father can have joint custody of his son even if the...