MaltaToday.com.mt - Comment / Law Report

When the wording of a contract is clear there is no need for any other interpretation

Malcolm Mifsud

The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of that contract

When there is no defence, the plaintiff still has to prove the case

Malcolm Mifsud

When the defendant fails to file a statement of defence, this does not mean they are admitting to the claims of the plaintiff

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...

Person responsible for damages due to bounced cheques

Malcolm Mifsud

The First Hall of the Civil Courts ordered man to pay damages after he...

The First Hall of the Civil Courts ordered man to pay...

Appeal is null if there is no request to revoke or reform first judgement

Malcolm Mifsud

Mr Justice Anthony Ellul presiding over the Court of Appeal, held that an appeal in Bank of Valletta plc vs the Data Protection Commissioner and Malta Public...

Mr Justice Anthony Ellul presiding over the Court of...

Court awards damages following works in adjacent property

Malcolm Mifsud

The Court concluded that once the damages were caused, the contractors who...

The Court concluded that once the damages were caused, the...

Conditions of contracts are applicable on all parties

Malcolm Mifsud

Parties to a contract are bound by the conditions they agree to when signing

Parties to a contract are bound by the conditions they...

Joint care and custody can be given, even if the child resides abroad

Malcolm Mifsud

A father can have joint custody of his son even if the mother and son live...

A father can have joint custody of his son even if the...

Partial deprivation of right to property still breach of human rights

Malcolm Mifsud

Partial deprivation of one’s interest in or right over his own property...

Partial deprivation of one’s interest in or right...

Medical evidence crucial in HIV contamination case

Malcolm Mifsud

An alleged HIV infection took place in 2012, but the only test carried out by...

An alleged HIV infection took place in 2012, but the only...

Late shipment leads to revocation of contract

Malcolm Mifsud

The First Hall of the Civil Courts agreed to rescind a contract after the...

The First Hall of the Civil Courts agreed to rescind a...

Court of Criminal Appeal unconvinced by prosecution’s version of events

Malcolm Mifsud

The Court of Criminal Appeal upheld an appeal lodged by former employers, claiming that it was unconvinced with the complainant’s version in her testimony

The Court of Criminal Appeal upheld an appeal lodged by...

Court pinpoints offence for using false card at an ATM

Malcolm Mifsud

These persons were taking money directly from personal accounts of individuals...

These persons were taking money directly from personal...

Judge gives the history of the Courts’ summer recess

Malcolm Mifsud

The Court held that the Code does not make any reference to when the recess...

The Court held that the Code does not make any reference to...

Employer has to verify resignation claim when alleged by third party

In this case the Tribunal held that an employer’s failure to confirm...

In this case the Tribunal held that an...

Shortfalls in appraisement of property do not result in the suspension of a judicial sale by auction

The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the burdens,...

The said provision of the law states that in the valuation...

Criminal inconvenience must be grave, continuous and intense

Malcolm Mifsud

Usta was accused of operating a loud speaker, gramophone, amplifier etc and...

Usta was accused of operating a loud speaker, gramophone,...

Prohibitory injunction upheld only if it protects right

Malcolm Mifsud

The Court turned down the application to issue the warrant...

The Court turned down the application to issue the...