MaltaToday.com.mt - Comment / Law Report

The defendant must be involved in the transaction

Malcolm Mifsud

For a Defendant to be the correct Defendant, it must be shown that prima facie he or she were involved in the transaction

EU legislation allows compensation for those who are denied boarding a flight

Malcolm Mifsud

EU legislation allows compensation in cases when people are unjustifiably denied boarding

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

Malcolm Mifsud

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...

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

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...