Damages lawsuit requires proof of direct link between action and its alleged consequences
Malcolm Mifsud
An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed
Court must assure that all co-owners receive a fair price in forced sale of property
Malcolm Mifsud
When the majority of co-owners request the sale of the property, the Court has to see whether the sale will cause serious prejudice to the minority
Not all decisions from the Medical Council may be appealed from
Malcolm Mifsud

Appeals from the Medical Council can take place only if it concerns the...

Appeals from the Medical Council can take place only if it...

Although Lands Authority took their time, they did it correctly
Malcolm Mifsud

The Lands Authority have a legal duty to decide on all aspects of public...

The Lands Authority have a legal duty to decide on all...

No legal definitions of negligent driving and dangerous driving
Malcolm Mifsud

Although there is no legal definition of what negligent driving and...

Although there is no legal definition of what negligent...

Debtor must prove set-off if it is being claimed
Malcolm Mifsud

If a debtor claims that the debt is paid through a set-off then it is the...

If a debtor claims that the debt is paid through a set-off...

Cruelty in marriage has its consequences
Malcolm Mifsud

Proven physical and psychological violence in marriage is a cause for separation and the court has the discretion to apply a number of sanctions

Proven physical and psychological violence in marriage is a...

Cruelty in marriage has its consequences
Malcolm Mifsud

Proved physical and psychological violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions

Proved physical and psychological violence in marriage is a...

Non fulfilment of obligations may result in damages
Malcolm Mifsud

Damages may ensue as a consequence when someone fails to fulfil his or her...

Damages may ensue as a consequence when someone fails to...

On last day of work, one can apply to Industrial Tribunal
Malcolm Mifsud

The four-month period in which a former employee may file an Industrial...

The four-month period in which a former employee may file...

Authorities have an obligation to assist the public
Malcolm Mifsud

uthorities are bound at law to give all vital information to the public in...

uthorities are bound at law to give all vital information...

Civil Court has competence to hear issues dealing with commercial rural leases
Malcolm Mifsud

The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone

The Civil Court have jurisdiction to decide cases...

Suspended sentence cannot be awarded in certain circumstances
Malcolm Mifsud

The Court of Criminal Appeal switched the punishment of a person who was first...

The Court of Criminal Appeal switched the punishment of a...

The three principles of criminal punishment explained
Malcolm Mifsud

When awarding a punishment in criminal cases, the courts have to keep in mind...

When awarding a punishment in criminal cases, the courts...

Court accepts and explains defence of provocation
Malcolm Mifsud

The Court of Criminal Appeal overturned a conviction of a mother, since the...

The Court of Criminal Appeal overturned a conviction of a...

Court has wide powers to appoint company administrator
Malcolm Mifsud

The Companies Act allows the Court to have a wide discretion to appoint...

The Companies Act allows the Court to have a wide...

Adoption does not block a declaration of who is the natural father
Malcolm Mifsud

A father was declared the natural father of a minor child, irrespective of the...

A father was declared the natural father of a minor child,...

No need to ask for premises to be vacated, immediately after Court auction
Malcolm Mifsud

When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is purchased

When a property is purchased by court auction, there is no...

Garnishee order may change if circumstances change
Malcolm Mifsud

A garnishee order may be revoked in whole or in part if the circumstances of...

A garnishee order may be revoked in whole or in part if the...

Structural alternatives in rented properties do not necessarily result in termination of the lease
Malcolm Mifsud

Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated

Those structural alternations in rented property which are...