Tribunal rules against buyer in car payment dispute, orders compensation
In a judgment in the names Astrid Parnis vs Neil Attard, a Tribunal ruled that a car buyer must settle outstanding payments and reimburse fines after failing to meet the terms of...
Licensed cargo agents have exclusivity only in customs restricted areas
Malcolm Mifsud
A licensed cargo agent may be allowed to pick up merchandise from restricted areas controlled by the Customs Department
POAs: Mandators cannot escape liability if they cannot read Maltese or English
Malcolm Mifsud

The Court concluded that the defendant did not adequately prove that the plaintiff was in mala fede. It held that it was clear that the plaintiff had nothing...

The Court concluded that the defendant did not adequately...

Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion
Malcolm Mifsud

The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye was injured but no...

The Court held that according to the evidence the accused...

An obvious falsification of a document is not a crime
Malcolm Mifsud

The Court applied a legal principle where the use of a document which is...

The Court applied a legal principle where the use of a...

Fingerprints may be deemed sufficient  evidence to prove the commission of a crime

With regards to the intentional element of the crime of theft the Court held that the argument of the accused did not hold water since the simple use or...

With regards to the intentional element of the crime of...

Abduction cases against parent based on UN Convention procedurally defective
Malcolm Mifsud

The Convention on the Rights of the Child only pertains to States, and not individuals

The Convention on the Rights of the Child only pertains to...

Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website
Malcolm Mifsud

The Tribunal held that in this case, it was clear that the applicant was genuine, and even emailed the Minister explaining the issue at hand, furthermore, the...

The Tribunal held that in this case, it was clear that the...

A right not falling precisely within original claim may be decided upon by Courts
Malcolm Mifsud

The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the issue rather than...

The First Court concluded that when a claim is made which...

Court takes into consideration feast traditions
Malcolm Mifsud

The Magistrates Court took into consideration the long-standing tradition that...

The Magistrates Court took into consideration the...

Disability caused by medical procedures places onus of proof on professional
Malcolm Mifsud

While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that the medical procedure...

While the plaintiff must prove the link between the medical...

Union cannot decide instead of member
Malcolm Mifsud

A union cannot finalise an agreement with an employer without the explicit consent of the member

A union cannot finalise an agreement with an employer...

Tenant’s surviving relative ordered to vacate rented property
Malcolm Mifsud

The Tribunal said that evidence showed that the plaintiff’s deceased...

The Tribunal said that evidence showed that the...

Pensioners can be awarded damages for permanent disability
Malcolm Mifsud

The court found that despite being the age of 83, she was still entitled to...

The court found that despite being the age of 83, she was...

Co-owners may be given the keys of the common property
Malcolm Mifsud

The First Hall of the Civil Courts held that all co-owners have a right to the...

The First Hall of the Civil Courts held that all co-owners...

Mother obtains exclusive care and custody of child
Malcolm Mifsud

The evidence in this case showed that the minor child was brought up...

The evidence in this case showed that the minor child was...

Legatee must request the release of the property from the heirs in solidum

Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property

Legatees must file for court actoin against all heirs...

If you broke your leg 50 years ago, tell your medical insurance provider
Malcolm Mifsud

The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can claim

The court said it could not impose upon the insurance...

Property not forfeited in favour of government when not of criminal origin
Malcolm Mifsud

The court held that the fact that the couple were granted a banking facility in order to acquire the property meant that the spouses had a regular employment...

The court held that the fact that the couple were granted a...

Authority issuing a tender must give  all information to all tenderers
Malcolm Mifsud

The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient.

The Court of Appeal ordered that a tender be re-issued...