MaltaToday.com.mt - Comment / Law Report

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

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

Court declares that mistake was no mistake

Malcolm Mifsud

Patrick Cutajar filed an unjustified enrichment action against Mario...

Patrick Cutajar filed an unjustified enrichment action...

Warrants handed out following successful academic qualification

Malcolm Mifsud

Qualification from a foreign university must match the local and EU regulations...

Qualification from a foreign university must match the...

Insurance policy holder should be in breach of policy to be held responsible for damages

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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...

Malcolm Mifsud

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

Malcolm Mifsud

The facts at play were common and as such the Magistrate’s conclusions...

The facts at play were common and as such the...

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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...

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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...

Malcolm Mifsud

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...