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A judicial review may be done only against the public administration

A judicial review may be done only against the public administration
Malcolm Mifsud
A call to include persons with interest in the action was turned down because the action was a judicial review
Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded

Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded
The Developer must bear the expenses for reconstructing a common party wall when the height proposed in the development cannot be supported by the common wall
Lease taken over by widow is not a sublease

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

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

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

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

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

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

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

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

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

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

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...

Trademark must be predominant to be exclusive

Trademark must be predominant to be exclusive

Malcolm Mifsud

The 'I Do Weddings' do not cause any confusion of the minds of...

The 'I Do Weddings' do not cause any confusion...

Parties had every right to ask for division of property

Parties had every right to ask for division of property

Malcolm Mifsud

Dispute arising between the parties was unfounded as the dividing lines were...

Dispute arising between the parties was unfounded as the...

The elements required in order to prove the offence of judicial or legal perjury

The elements required in order to prove the offence of judicial or legal perjury

Malcolm Mifsud

The court held that the accused never intended to obscure the truth or hide that which he was testifying about, and so acquitted him of all charges brought...

The court held that the accused never intended to obscure...

Administrative decision must be notified to applicant and not to lawyer

Administrative decision must be notified to applicant and not to lawyer

Malcolm Mifsud

Article 25 of the Probation Act states that a conditional discharge cannot be considered as a declaration of guilt

Article 25 of the Probation Act states that a conditional...

Civil courts are competent to decide on all civil matters

Civil courts are competent to decide on all civil matters

Malcolm Mifsud

A Court has held that the First Hall of the Civil Court is competent to decide...

A Court has held that the First Hall of the Civil Court is...

Tenant is legally bound to take care of his premises as though it were his own

Tenant is legally bound to take care of his premises as though it were his own

Malcolm Mifsud

The First Hall of the Civil Court held that the tenant of any rented property has a legal obligation to take care of that property

The First Hall of the Civil Court held that the tenant of...

Court turns down claim that sale of car was null

Court turns down claim that sale of car was null

Malcolm Mifsud

A Court presided has held that the defects found in a second-hand car...

A Court presided has held that the defects found...

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