Evidence must have an audit trail
Malcolm Mifsud
The Court must be convinced that the evidence brought before it was not tampered with
The different approaches to revoke a garnishee order
Malcolm Mifsud
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
Tribunal revokes Police Commissioner’s decision to bar former convict from becoming a private guard
Malcolm Mifsud

The Administrative Review Tribunal has held that the Police Commissioner cannot simply bar an ex-convict from obtaining a licence to provide the service...

The Administrative Review Tribunal has held that the...

Residential leased property must be lived in
Malcolm Mifsud

The Board said that due to articles in the Civil Code, the resident has the...

The Board said that due to articles in the Civil Code, the...

Court gives explanation between 10 and 30 years’ acquisitive prescription
Malcolm Mifsud

The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years and the possession must...

The First Hall of the Civil Courts said for the 30 years...

Agreement deemed not fraudulent in view of solvency of debtor
Malcolm Mifsud

The element of consilium fraudis is satisfied if it is proven that the act in...

The element of consilium fraudis is satisfied if it is...

Unconvincing evidence is not tantamount to fraud
Malcolm Mifsud

Mr Justice Chetcuti said that evidence produced by one party, which does not...

Mr Justice Chetcuti said that evidence produced by one...

Judicial letters must be addressed to corporate structures with judicial personalities
Malcolm Mifsud

Judicial letters may be addressed to corporate structures, however, these must have a judicial personality

Judicial letters may be addressed to corporate structures,...

Tenant to pay for fire damage caused by TV
Malcolm Mifsud

The Rent Regulation Board has ordered a tenant to pay for the repairs of a...

The Rent Regulation Board has ordered a tenant to pay for...

Summary dismissal of employees is the exception not the rule
Malcolm Mifsud

A recent Appeals Court case determined that an employer may only dismiss an...

A recent Appeals Court case determined that an employer may...

Court does not accept clauses that hide an elevated interest rate on loan
Malcolm Mifsud

The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted

The court found that any loan agreement which hides the...

If you are appointed by a minister, you are Government
Malcolm Mifsud

he Court indicated that although the Superintendence of Cultural Heritage has a...

he Court indicated that although the Superintendence of...

Appeals Court annuls judgement after Court fails to list articles of law
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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...