Contracts obtained by fraud must be of a serious nature
When one alleged that a contract was obtained by fraud, then that party must prove that the fraud is of a serious nature, which is detrimental to the conclusion of the contract
Court does not give weight to government rent subsidy in deciding rent increases
The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent
Police must not rest on a report but investigate before issuing charges

The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a...

The police must not issue charges on the basis of a police...

Pretended rights charges borders on the civil law rights

Although the charge of pretended rights is a crime, it is not far off from...

Although the charge of pretended rights is a crime, it is...

Constructive dismissal takes place when employee is forced to resign against his will

When resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal

When resigns not because he wants to but because of the...

A direct relationship establishes a juridical relationship

The involvement of a third party in a contract of works puts in doubt the...

The involvement of a third party in a contract of works...

There must be a clear understanding in a Prestanome arrangement

A Prestanome is an indirect mandate, but the parties have to be aware of its...

A Prestanome is an indirect mandate, but the parties have...

Second wife of a few months is entitled to reserved portion after the death of the husband

The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion

The law provides that the widow of a divorced husband is...

Reasonable time in criminal proceedings, is without delay

There is a distinction between civil and criminal proceedings when analysing...

There is a distinction between civil and criminal...

A fair trial includes on whether a judgement can be enforced

When examining whether there was a fair trial, a constitutional court will not...

When examining whether there was a fair trial, a...

Prescription period starts upon last entry of the account

A commercial account between two companies starts not when the order was...

A commercial account between two companies starts not when...

Penalties imposed on who issues needless warrants is a question of public order

The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not to allow the abuse of...

The Court has the discretion to impose a penalty on a party...

There is no judicial review for decisions refusing citizenship applications

The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review

The granting of citizenship is the Minister’s...

Appeals from arbitration awards are limited to legal points

The Court held that an appeal from an Arbitration award was inadmissible at law...

The Court held that an appeal from an Arbitration award was...

Maintenance must be paid until it is decided otherwise

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Maintenance must be paid until it is decided otherwise

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

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...