Party cannot be in default if time period within which to reply has not elapsed
In a family law dispute named AB v CB, the plaintiffs asked the court to remove the defendants' statement of defence and courter claim
Parties may compete with different titles over the same properties
In a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary Deguara held that If two parties are making claims on the same property, the plaintiff may show...
Serious lack of maintenance of rented premises may bring about eviction

'When a tenant fails to perform maintenance, which leads to serious damage to the rented property, then the tenant may be evicted from that property'

'When a tenant fails to perform maintenance, which...

Harassment takes place when there is a multitude of incidents

The Police V Tristan Tedesco - he was charged with having escaped from police...

The Police V Tristan Tedesco - he was charged with having...

Sentencing an under-aged person must be done with care

The Magistrates Court held that when a youth is being sentenced, the court must...

The Magistrates Court held that when a youth is being...

Eviction cannot be blocked by the Court, if it has already been carried out

The First Hall of the Civil Court turned down a warrant issue request of prohibitory injunction to block an eviction but the court marshals had already changed...

The First Hall of the Civil Court turned down a warrant...

Warrant of prohibitory injunction approved irrespective of special hypothec

A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour

A Magistrate’s Court upheld an application for a...

When buyer discovers defect, he must take legal action within six months

The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted

The Magistrates Court upheld a plea of prescription because...

Court rules that articles of law need not necessarily be mentioned at the conclusion of a judgment

A judgment is not null and void if the Court fails to mention all the articles of law in its conclusion, but are mentioned in other parts of the judgment

A judgment is not null and void if the Court fails to...

No revocation of garnishee order if filed correctly

If a garnishee order is filed according to law, then it should not be revoked,...

If a garnishee order is filed according to law, then it...

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

In the case where a plaintiff is seeking payment and the...

Vicarious liability in charge sheet must be indicated

A person who is being charged with a crime committed when holding a...

A person who is being charged with a crime committed...

No need of judicial acts before appeals before Administrative Review Tribunal

The Administrative Review Tribunal turned down a plea from the Ministry of Education that judicial acts should be filed before actions are filed with the...

The Administrative Review Tribunal turned down a plea from...

Police statement dismissed as hearsay evidence unless corroborated in court

A magistrate’s court held that a statement given to the police which was not corroborated by any other evidence in court was tantamount to...

A magistrate’s court held that a statement...

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...