A threat must be realistic and the person who is making the threat must have the means to carry out the threat.
The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of the procedure
When a settlement is not full and final
A full and final settlement declaration does not mean that one cannot claim the balance of a claim due
A full and final settlement declaration does not mean that...
What is clear does not need any interpretation
The change of President takes place every five years and ‘an exceptional...
The change of President takes place every five years and...
Company blocks transfer of licence to competitor
The applicant must prove prima facie that it has a right to protect and that if...
The applicant must prove prima facie that it has a right to...
Civil procedures cannot be used to block criminal proceedings
This order was made to protect the interests of the applicant company, since it...
This order was made to protect the interests of the...
Court protects shareholder by appointing a director on company board
The mere fact that a shareholder is not represented on the board of directors...
The mere fact that a shareholder is not represented on the...
Small Claims Tribunal decision overturned
The court concluded that Baldacchino was to be paid the amount of money due to...
The court concluded that Baldacchino was to be paid the...
Seller has to pay for latent defects
The defendant was found responsible for paying damages together with the difference in price for an apartment because it suffered from latent defects at...
The defendant was found responsible for paying damages...
Authority ordered to issue Senglea extension
An application for structural alterations together with a roof extension on a...
An application for structural alterations together with a...
False criminal report and calumnious accusations are separate offences
A court presided by Magistrate Joseph Mifsud explained that the charges of a false criminal report and calumnious accusations may be factually similar,...
A court presided by Magistrate Joseph Mifsud explained...
Judgements should be a final decision
Mary Gauci failed in her obligation to prove that Media Today had been notified that the business was being carried out by a commercial company and not in...
Mary Gauci failed in her obligation to prove that...
Court lists elements to find accused guilty of fraud
The Magistrates Court in Gozo found Victor Camilleri guilty of fraud,...
The Magistrates Court in Gozo found Victor Camilleri guilty...
Evidence cannot be produced in submissions
From the evidence the court concluded that the bones of contention were that...
From the evidence the court concluded that the bones of...
An action of spoliation is one of public order
The Court held that the plaintiff did not have a right to an action of...
The Court held that the plaintiff did not have a right to...
Property is deemed to be commercial if complementary to the principal business
The board commented that in this case the discontinued conversion took place 12 years before the applicants filed their action in court
The board commented that in this case the discontinued...
Contractor has to make good for damage to State and private property
The Court observed that the tender included a number of conditions, obliging...
The Court observed that the tender included a number of...
Court corrects child’s surname
A number of witnesses confirmed that they heard the plaintiffs discuss the issue of the surname and had intended to register their child’s surname...
A number of witnesses confirmed that they heard the...
Tribunal asks developer to scale down development
Residences without a street frontage were permitted in the old policies
Residences without a street frontage were permitted in the...
Correct notification is essential for EU tax enforcement procedure
A Court revoked an enforcement decree since it was issued before the...
A Court revoked an enforcement decree since it was...
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