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The Court held that the Code does not make any reference to when the recess should take place, but merely makes references to the Rules of Court
In this case the Tribunal held that an employer’s failure to confirm whether an employee wished to resign, when the alleged intention has been disclosed to...
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...
Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession
The Court, in looking at the evidence, commented on how the plaintiff had not been properly afforded the guarantee to legal representation when he was being...
The Court, in looking at the evidence, commented on how the...
Refund of deposit takes place when promise of sale expires
The Court ordered that a deposit paid on a promise of sale of a property be...
The Court ordered that a deposit paid on a promise of sale...
Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained
The Court heard the counterclaim by the defendants who stated that the farm had been severely damaged by a storm and through no fault of their own
The Court heard the counterclaim by the defendants who...
An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances
The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchange
The action was instituted following a judicial letter which...
Attorney General’s newest procedural right to appeal to find retroactive application
The Court explained that procedural criminal law has effective and immediate application, meaning that the procedures become effective even to proceedings that...
The Court explained that procedural criminal law has...
DNA is not the only evidence to establish the paternity of a child
In the absence of DNA, declaration of the parents of a child could be...
In the absence of DNA, declaration of the parents of a...
Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant
The plaintiff held that he had purchased a property on the island and had engaged a contractor to carry out scheduled works which were not completed on...
The plaintiff held that he had purchased a property...
Court requires ‘best proof’ of the contestation of a debt alleged by a government authority
This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz...
This was decreed by Magistrate Dr Francis Depasquale in the...
Surname change from foreign ‘deed poll’ effected in Malta subject to proof
Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to...
Once the defendant received the original marriage...
