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A court cannot stop an action which has already taken place

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

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...
Employer has to verify resignation claim when alleged by third party

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

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

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

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...

Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums

Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums

Malcolm Mifsud

his case was an appeal by the defendants who held that the decision taken by both the First Hall Civil Court as well as the Court of Appeal contained...

his case was an appeal by the defendants who held that the...

Court confirms revocation of pension and refund of pensionable funds

Court confirms revocation of pension and refund of pensionable funds

Malcolm Mifsud

The Director General has the responsibility to decide to revoke a pension...

The Director General has the responsibility to decide...

Housewife and pensioner still entitled to permanent disability compensation following accident

Housewife and pensioner still entitled to permanent disability compensation following accident

Malcolm Mifsud

The Civil Court held in its judgement that the driver who hit a pedestrian should still have used better judgment, even though she was blinded by...

The Civil Court held in its judgement that the driver...

Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations

Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations

Malcolm Mifsud

The Court concluded that the only way by which the Authorities could be found to have abused their position and implemented an ultra...

The Court concluded that the only way by which the...

Carpenter has to pay for difference of prices for replacement works

Carpenter has to pay for difference of prices for replacement works

Malcolm Mifsud

The Magistrate’s Court in Gozo ordered a carpenter to pay for the...

The Magistrate’s Court in Gozo ordered a carpenter to...

Trial periods for new employees are subject to the law

Trial periods for new employees are subject to the law

Malcolm Mifsud

The Police had accused Khalifa, an owner of a business, with failing to pay the...

The Police had accused Khalifa, an owner of a business,...

Agricultural lease is terminated due to illegal construction

Agricultural lease is terminated due to illegal construction

Malcolm Mifsud

The defendants filed a statement of defence and in it they claimed that the...

The defendants filed a statement of defence and in it they...

Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant

Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant

Malcolm Mifsud

Unless the evidence produced, and the charges brought correspond to what is on the charge sheet, then the Court is obliged to dismiss the claim

Unless the evidence produced, and the charges brought...

When landlord offers tenant alternative accommodation, this has to be done in good faith

When landlord offers tenant alternative accommodation, this has to be done in good faith

Malcolm Mifsud

Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must be in...

Article 9(a) of the Reletting of Urban Property...

Court explains elements of Article 495A allowing co-owners to bring action for the sale of a property in cases of disagreement

Court explains elements of Article 495A allowing co-owners to bring action for the sale of a property in cases of disagreement

Malcolm Mifsud

The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et Vs Abela Fiorella,...

The particular elements of this section in the Civil Code...

When parties create a contract it should be presumed that only that which was written was intended to form part of the agreement

When parties create a contract it should be presumed that only that which was written was intended to form part of the agreement

Malcolm Mifsud

The Court heard the facts presented by the parties, which explained that the two band clubs, both found in Hal Qormi, had created a contract in 1999 in order...

The Court heard the facts presented by the parties, which...

Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession

Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession

Malcolm Mifsud

The Court, in looking at the evidence, commented on how the plaintiff had not been properly afforded the guarantee to legal representation when he was being...

The Court, in looking at the evidence, commented on how the...

Refund of deposit takes place when promise of sale expires

Refund of deposit takes place when promise of sale expires

Malcolm Mifsud

The Court ordered that a deposit paid on a promise of sale of a property be...

The Court ordered that a deposit paid on a promise of sale...

Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained

Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained

Malcolm Mifsud

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...

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