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The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors
Mr Justice Chetcuti said that evidence produced by one party, which does not convince the Court, does not mean that that evidence is false
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...
Partial deprivation of right to property still breach of human rights
Partial deprivation of one’s interest in or right over his own property...
Partial deprivation of one’s interest in or right...
Medical evidence crucial in HIV contamination case
An alleged HIV infection took place in 2012, but the only test carried out by...
An alleged HIV infection took place in 2012, but the only...
Late shipment leads to revocation of contract
The First Hall of the Civil Courts agreed to rescind a contract after the...
The First Hall of the Civil Courts agreed to rescind a...
Court of Criminal Appeal unconvinced by prosecution’s version of events
The Court of Criminal Appeal upheld an appeal lodged by former employers, claiming that it was unconvinced with the complainant’s version in her testimony
The Court of Criminal Appeal upheld an appeal lodged by...
Court pinpoints offence for using false card at an ATM
These persons were taking money directly from personal accounts of individuals...
These persons were taking money directly from personal...
