Licensed cargo agents have exclusivity only in customs restricted areas
Malcolm Mifsud
A licensed cargo agent may be allowed to pick up merchandise from restricted areas controlled by the Customs Department
A judicial sale by auction will not be suspended unless there is a legitimate impediment
A judicial sale by auction will not be suspended unless there is a legitimate impediment warranting such suspension
Appeals of Small Claims Tribunal are limited to points of law
Malcolm Mifsud

A Court of Appeal presiding over a case of Fogg Insurance Agencies Ltd noe...

A Court of Appeal presiding over a case of Fogg...

Legislation failed to protect workers from asbestos
Malcolm Mifsud

A court held that the legislation concerning workers handling asbestos was...

A court held that the legislation concerning workers...

Actions must be filed within the prescribed time
Malcolm Mifsud

A court turned down an action which was instituted after a 20-day period...

A court turned down an action which was instituted...

Confusion in products is unfair competition
Malcolm Mifsud

The fact that one gas distributor also filled the gas cylinders of competitors...

The fact that one gas distributor also filled the gas...

Documentary evidence must be produced
Malcolm Mifsud

It is not sufficient for a witness to simply testify on a document if it is not produced in court

It is not sufficient for a witness to simply testify on a...

Notification of judicial letter essential to interrupt prescription
Malcolm Mifsud

A court has ruled that for prescription to be interrupted, a defendant must be...

A court has ruled that for prescription to be interrupted,...

Employers bound to ensure safety of the workplace
Miriam Dalli

Employers are bound to ensure safety on the workplace, the Court of Appeal said...

Employers are bound to ensure safety on the workplace, the...

Lease taken over by widow is not a sublease
Malcolm Mifsud

The act of a widow taking over the lease of a butcher shop does not constitute...

The act of a widow taking over the lease of a butcher shop...

Property above and below land belongs to the landowner
Malcolm Mifsud

Whoever has the ownership of the land has also that of the space above it, and...

Whoever has the ownership of the land has also that of the...

Quasi-contract services do not preclude lack of compensation
Malcolm Mifsud

Services rendered to an aunt by her niece are to be compensated for, even if...

Services rendered to an aunt by her niece are to be...

Maltese Court may still have jurisdiction irrespective of foreign jurisdiction clause
Malcolm Mifsud

The Maltese Court may have jurisdiction to hear and decide cases where the parties have signed a contract which indicates another country to have judicial...

The Maltese Court may have jurisdiction to hear and decide...

Works on a pavement may contribute spoliation
Malcolm Mifsud

Works carried by one of two warring bar owners constituted spoliation of the...

Works carried by one of two warring bar owners constituted...

Joint and Several Liability cannot be presumed
Malcolm Mifsud

The First Hall of the Civil Court held that joint liability of two debtors has...

The First Hall of the Civil Court held that joint liability...

Hints of acceptance of debt, sufficient to interrupt prescription
Malcolm Mifsud

The Court of Appeal has held that an email message saying that the debtor will...

The Court of Appeal has held that an email message saying...

Court turns down son’s request to have adoption decree revoked
Malcolm Mifsud

The First Hall of the Civil Court has ruled that it is not the competent...

The First Hall of the Civil Court has ruled that it is...

Lidl Immobiliare Malta Limited vs Michael Mifsud Et Noe
Malcolm Mifsud

The period in which Lidl were allowed to lodge their case started running from...

The period in which Lidl were allowed to lodge their case...

Pre-existent view of adjacent property does not automatically exclude spoliation
Malcolm Mifsud

A judge ordered the plaintiffs to be re-instated in the full possession and enjoyment of their property as enjoyed prior to the installation of this window

A judge ordered the plaintiffs to be re-instated in the...

Conflicting evidence leads to judgment confirmation
Malcolm Mifsud

The party asking for a retrial must prove the reason why the case should be...

The party asking for a retrial must prove the reason why...