No revocation of garnishee order if filed correctly
If a garnishee order is filed according to law, then it should not be revoked, a court has ruled
Allegation of payment must be proved
In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment
Every EU State must apply directives in conformity with the individual EU member state’s law

When the Maltese Parliament transposes a Directive in the Enforcement of Intellectual Property Rights (Regulation) Act, its application must be in conformity...

When the Maltese Parliament transposes a Directive in the...

Appeals of Small Claims Tribunal are limited to points of law

A Court of Appeal presiding over a case of Fogg Insurance Agencies Ltd noe...

A Court of Appeal presiding over a case of Fogg...

Legislation failed to protect workers from asbestos

A court held that the legislation concerning workers handling asbestos was...

A court held that the legislation concerning workers...

Actions must be filed within the prescribed time

A court turned down an action which was instituted after a 20-day period...

A court turned down an action which was instituted...

Confusion in products is unfair competition

The fact that one gas distributor also filled the gas cylinders of competitors...

The fact that one gas distributor also filled the gas...

Documentary evidence must be produced

It is not sufficient for a witness to simply testify on a document if it is not produced in court

It is not sufficient for a witness to simply testify on a...

Notification of judicial letter essential to interrupt prescription

A court has ruled that for prescription to be interrupted, a defendant must be...

A court has ruled that for prescription to be interrupted,...

Employers bound to ensure safety of the workplace

Employers are bound to ensure safety on the workplace, the Court of Appeal said...

Employers are bound to ensure safety on the workplace, the...

Lease taken over by widow is not a sublease

The act of a widow taking over the lease of a butcher shop does not constitute...

The act of a widow taking over the lease of a butcher shop...

Property above and below land belongs to the landowner

Whoever has the ownership of the land has also that of the space above it, and...

Whoever has the ownership of the land has also that of the...

Quasi-contract services do not preclude lack of compensation

Services rendered to an aunt by her niece are to be compensated for, even if...

Services rendered to an aunt by her niece are to be...

Maltese Court may still have jurisdiction irrespective of foreign jurisdiction clause

The Maltese Court may have jurisdiction to hear and decide cases where the parties have signed a contract which indicates another country to have judicial...

The Maltese Court may have jurisdiction to hear and decide...

Works on a pavement may contribute spoliation

Works carried by one of two warring bar owners constituted spoliation of the...

Works carried by one of two warring bar owners constituted...

Joint and Several Liability cannot be presumed

The First Hall of the Civil Court held that joint liability of two debtors has...

The First Hall of the Civil Court held that joint liability...

Hints of acceptance of debt, sufficient to interrupt prescription

The Court of Appeal has held that an email message saying that the debtor will...

The Court of Appeal has held that an email message saying...

Court turns down son’s request to have adoption decree revoked

The First Hall of the Civil Court has ruled that it is not the competent...

The First Hall of the Civil Court has ruled that it is...

Lidl Immobiliare Malta Limited vs Michael Mifsud Et Noe

The period in which Lidl were allowed to lodge their case started running from...

The period in which Lidl were allowed to lodge their case...

Pre-existent view of adjacent property does not automatically exclude spoliation

A judge ordered the plaintiffs to be re-instated in the full possession and enjoyment of their property as enjoyed prior to the installation of this window

A judge ordered the plaintiffs to be re-instated in the...

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