The Court must be convinced that the evidence brought before it was not tampered with
The party subject to a precautionary warrant, such as a garnishee order must choose carefully which procedure to use in order to ask the court to revoke it
An employer does not have the power to reject an employee’s resignation
In the case Clayton Zammit vs Erica Pantaleon, decided by the Industrial Tribunal on the 7 August 2024, the Tribunal decided that the case lodged by the...
In the case Clayton Zammit vs Erica Pantaleon, decided by...
Part-payment of bills of exchange can block their execution
If the debtor pays in part the bills of exchange, the court may reject an...
If the debtor pays in part the bills of exchange, the court...
Court denies property division due to plaintiffs’ lack of evidence
In a recent decision, the First Hall of the Civil Court, presided over by...
In a recent decision, the First Hall of the Civil Court,...
Breach of bail is a separate crime
The Prosecution may choose to prosecute an accused, if they breache the bail conditions, according to a ruling delivered by the Court of Criminal Appeal...
The Prosecution may choose to prosecute an accused, if they...
Right to a widow’s pension even following annulment
The annulment of a marriage may still allow a woman to receive a widow’s...
The annulment of a marriage may still allow a woman to...
One cannot take the law into his own hands, even when rights are allegedly violated
No person can take the law in his own hands, even if his own rights are allegedly being violated by the other party
No person can take the law in his own hands, even if his...
Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered
Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered, with analysis regard diverging views on...
Court upholds claim for payments of sum owed by applicant...
Landlords' battle over rent control ends in defeat
Judge Lawrence Mintoff, dismissed claims by property owners seeking to...
Judge Lawrence Mintoff, dismissed claims by property owners...
Court strikes down severe cash penalty as unconstitutional
In a landmark decision, the Constitutional Court on 24 June 2024 declared a...
In a landmark decision, the Constitutional Court on 24 June...
Court may turn down claims, even if Defendant did not file statement of defence
The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff
The lack of a statement of defence does not mean that the...
Scam victims are bound to be diligent
A victim of a scam cannot use the scam as a defence against a claim to pay debts
A victim of a scam cannot use the scam as a defence against...
Plea of res judicata declined as merits not discussed in initial case
A plea of res judicata was rejected because the merits of the case were not...
A plea of res judicata was rejected because the merits of...
Increase in rent should reflect the open market value of the property
The Court should take into account the value of the property when calculating...
The Court should take into account the value of the...
Qualifications must be equal to that listed in the law
The law provides a list of subjects that have to be covered for a person to...
The law provides a list of subjects that have to be covered...
A threat must be realistic in order for it to be a crime
A threat must be realistic and the person who is making the threat must have...
A threat must be realistic and the person who is making the...
Court will not enter into intricacies when dealing with a precautionary warrant
The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of the procedure
The Court needs to be satisfied that a precautionary...
Shareholder is distinct from the company
An agreement entered into by the majority shareholder of a company may have no bearing on the company
An agreement entered into by the majority shareholder of a...
Litigants should make use of every remedy available to ensure justice
In the recent case of Mark Micallef vs The State Advocate, the plaintiff...
In the recent case of Mark Micallef vs The State Advocate,...
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