A judicial liquidation is aimed at protecting creditors and is done by a collective procedure
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
Insurance policy holder should be in breach of policy to be held responsible for damages
Therese Cachia had four children, two of whom were minors and when the insurance policy was issued, she only had the two minor children living with her
Therese Cachia had four children, two of whom were minors...
Strong evidence required to prove a right
The court took the impression that in order to create a right in 2001, Gauci...
The court took the impression that in order to create a...
No need of court case, once contract solves the differences
The First Hall of the Civil Court decided that once parties to a legal action...
The First Hall of the Civil Court decided that once parties...
Is it the parish or the parish priest?
When a group of farmers filed the lawsuit against the Nadur parish priest, the defendants filed a statement of defence saying that they have no judicial...
When a group of farmers filed the lawsuit against the Nadur...
Boat driver not at fault in diving accident
The facts at play were common and as such the Magistrate’s conclusions...
The facts at play were common and as such the...
Extra works must be paid for
The Court of Appeal ruled that a contractor must be paid for extra works carried out
The Court of Appeal ruled that a contractor must be paid...
Steel Projects Limited vs Avantgarde Projects Limited
Steel Projects Limited brought proceedings in that the defendant was to pay the...
Steel Projects Limited brought proceedings in that the...
Stay of proceedings is an extraordinary measure
A stay of proceedings may be allowed, however, the principle should be that a...
A stay of proceedings may be allowed, however, the...
Anyone who may have an interest may be called into suit
The First Hall of the Civil Court accepted a plea by a defendant company to...
The First Hall of the Civil Court accepted a plea by a...
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...
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