The cardinal principle that governs a contract remains that the contractual obligation must be respected, and that it is the will of the contracting parties as expressed in the...
The Constitutional Court denies discharge as a provisional measure
Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained
The Court heard the counterclaim by the defendants who stated that the farm had been severely damaged by a storm and through no fault of their own
The Court heard the counterclaim by the defendants who...
An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances
The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchange
The action was instituted following a judicial letter which...
Attorney General’s newest procedural right to appeal to find retroactive application
The Court explained that procedural criminal law has effective and immediate application, meaning that the procedures become effective even to proceedings that...
The Court explained that procedural criminal law has...
DNA is not the only evidence to establish the paternity of a child
In the absence of DNA, declaration of the parents of a child could be...
In the absence of DNA, declaration of the parents of a...
Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant
The plaintiff held that he had purchased a property on the island and had engaged a contractor to carry out scheduled works which were not completed on...
The plaintiff held that he had purchased a property...
Court requires ‘best proof’ of the contestation of a debt alleged by a government authority
This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz...
This was decreed by Magistrate Dr Francis Depasquale in the...
Surname change from foreign ‘deed poll’ effected in Malta subject to proof
Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to...
Once the defendant received the original marriage...
Six-month period on unjust administrative decision cannot be interrupted or suspended
Plaintiff claimed that the administrative decision leading to the termination of his employment went against principles of natural justice
Plaintiff claimed that the administrative decision leading...
Maltese Law which precluded legal assistance during police interrogation deemed a breach of human right to fair hearing
Brian Vella was arrested under suspicion of his involvement in crimes relating to drug trafficking
Brian Vella was arrested under suspicion of his involvement...
If there is no fraud, the best evidence rule should apply on the quantum of a claim
The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is to apply the best evidence...
The Court held that although there is a difference between...
Knowledge of spoliation is sufficient
The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that person to be...
The defendant need not be the person who carried out the...
A hint of acceptance of a debt interrupts prescription
In their application V&C held that it is owed €49996.15 by Tlata...
In their application V&C held that it is owed...
No need of interpretation when the wording of a contract is clear
The Court does not need to try to interpret an agreement, when the wording is...
The Court does not need to try to interpret an agreement,...
Prescription period for compensation of works between parts, commences upon split
Whosoever, without a just cause, enriches himself to the detriment of others shall, to the limits of such enrichment, reimburse and compensate any patrimonial...
Whosoever, without a just cause, enriches himself to the...
Unclear claims may be deduced from premises
Although a claim listed in an application may be unclear, other premises...
Although a claim listed in an application may be unclear,...
A bank guarantee is an autonomous obligation
A bank guarantee is intended to allow comfort for the bank to be paid for...
A bank guarantee is intended to allow comfort for the...
Extension of contract means an increase in payment
The Court of Appeal ruled that even though there is a fixed price contract, if...
The Court of Appeal ruled that even though there is a fixed...
Couple responsible for damages irrespective of subsequent separation
In a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah...
In a Court of Appeal judgement delivered on 11 December...
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