A court cannot stop an action which has already taken place
Malcolm Mifsud
A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place
Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta
Malcolm Mifsud
In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited (the Plaintiff), against two...
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...

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...