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Interest on deposit starts when promise of sale falls through

Interest on deposit starts when promise of sale falls through
Malcolm Mifsud
The interest on the refund of a deposit paid on a promise of sale (POS) agreement for a property may commence only when the POS falls through
A court cannot stop an action which has already taken place

A court cannot stop an action which has already taken place
Malcolm Mifsud
A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place
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...

Court declares that mistake was no mistake

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

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

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

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

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...

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