MaltaToday.com.mt - Comment / Law Report

Damages lawsuit requires proof of direct link between action and its alleged consequences

Malcolm Mifsud

An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed

Court must assure that all co-owners receive a fair price in forced sale of property

Malcolm Mifsud

When the majority of co-owners request the sale of the property, the Court has to see whether the sale will cause serious prejudice to the minority

Extension of contract means an increase in payment

Malcolm Mifsud

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

Malcolm Mifsud

In a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah...

In a Court of Appeal judgement delivered on 11 December...

Discrimination is the difference in treatment of the same situation

Malcolm Mifsud

In a judgment delivered on 5 December in Mark Muscat v HSBC, it was held...

In a judgment delivered on 5 December in Mark Muscat v...

Rent Regulation Board, not the courts, is competent to hear all cases concerning rent

Malcolm Mifsud

The First Hall of Civil Court decided it was not competent to hear cases concerning rent issues in the case of Joseph Sammut v Liliana Jalil

The First Hall of Civil Court decided it was not competent...

Court removes parental authority from disinterested father

Malcolm Mifsud

A judgement delivered on 21 November in LB v Dr Christopher Chircop and PL L...

A judgement delivered on 21 November in LB v Dr Christopher...

Period of prescription may be interrupted even after it elapses

The facts of the case of Joginder Singh Dhingsa v Anthony Grech et. revolved...

The facts of the case of Joginder Singh Dhingsa v Anthony...

Party cannot be in default if time period within which to reply has not elapsed

Malcolm Mifsud

In a family law dispute named AB v CB, the plaintiffs asked the court to remove the defendants' statement of defence and courter claim

In a family law dispute named AB v CB, the plaintiffs asked...

Parties may compete with different titles over the same properties

Malcolm Mifsud

In a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary...

In a judgement delivered in Joseph Camilleri and Michael...

The repossession of a property must be clearly mentioned as an action of spoliation

Malcolm Mifsud

Arnaud's mother lived in a property in Valletta but once she passed away, his sister changed the locks, not allowing him to enter

Arnaud's mother lived in a property in Valletta but...

When a customer tells a service provider to stop, it means stop

Malcolm Mifsud

The Small Claims Tribunal ruled that with the expiration of a TV contract, it...

The Small Claims Tribunal ruled that with the expiration of...

Malcolm Mifsud

A plea claiming that an action is time barred, may be cancelled if one pleads that the claim itself is overstated

A plea claiming that an action is time barred, may be...

Judicial review proceedings must commence within six months

Malcolm Mifsud

The First Hall of the Civil Courts refused to consider whether the suspension...

The First Hall of the Civil Courts refused to consider...

An agreement must be kept, come what may

Malcolm Mifsud

The Court of Appeal, presided by Mr Justice Anthony Ellul, ruled that an agreement of payment should be honoured, even if the services rendered were not...

The Court of Appeal, presided by Mr Justice Anthony Ellul,...

Serious lack of maintenance of rented premises may bring about eviction

Malcolm Mifsud

'When a tenant fails to perform maintenance, which leads to serious damage to the rented property, then the tenant may be evicted from that property'

'When a tenant fails to perform maintenance, which...

Harassment takes place when there is a multitude of incidents

Malcolm Mifsud

The Police V Tristan Tedesco - he was charged with having escaped from police...

The Police V Tristan Tedesco - he was charged with having...

Sentencing an under-aged person must be done with care

Malcolm Mifsud

The Magistrates Court held that when a youth is being sentenced, the court must...

The Magistrates Court held that when a youth is being...

Eviction cannot be blocked by the Court, if it has already been carried out

Malcolm Mifsud

The First Hall of the Civil Court turned down a warrant issue request of prohibitory injunction to block an eviction but the court marshals had already changed...

The First Hall of the Civil Court turned down a warrant...

Warrant of prohibitory injunction approved irrespective of special hypothec

Malcolm Mifsud

A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour

A Magistrate’s Court upheld an application for a...