Misappropriation is a crime that affects trust
Malcolm Mifsud
In a judgment delivered by Magistrate Simone Grech in Police vs Terence (Terence-William) Zammit, the court made it clear that misappropriation is a crime that affects trust
Court upholds rights of injured and unregistered worker
Malcolm Mifsud
On 23 July 2025, Magistrate Donatella Frendo Dimech delivered a powerful judgment in the case, Police vs Francesco sive Frank Schembri and Edward Schembri.
Contractor has to make good for damage to State and private property
Malcolm Mifsud

The Court observed that the tender included a number of conditions, obliging...

The Court observed that the tender included a number of...

Court corrects child’s surname
Malcolm Mifsud

A number of witnesses confirmed that they heard the plaintiffs discuss the issue of the surname and had intended to register their child’s surname...

A number of witnesses confirmed that they heard the...

Tribunal asks developer to scale down development
Robert Musumeci

Residences without a street frontage were permitted in the old policies

Residences without a street frontage were permitted in the...

Correct notification is essential for EU tax enforcement procedure
Malcolm Mifsud

A Court revoked an enforcement decree since it was issued before the...

A Court revoked an enforcement decree since it was...

Eviction request: appeals should be filed within time prescribed by law
Malcolm Mifsud

The Constitutional Court turned down an appeal from a partial judgement since it was filed beyond the obligatory 20 days

The Constitutional Court turned down an appeal from a...

Administrators of a vacant inheritance have to follow appointment procedure
Malcolm Mifsud

In their application, the plaintiffs claimed that the defendants held on to a house in St Paul’s Bay against their will and they wanted them to be...

In their application, the plaintiffs claimed that the...

Court turns down plea that the applicant has other remedies
Malcolm Mifsud

The First Hall of the Civil Court in its Constitutional jurisdiction turned...

The First Hall of the Civil Court in its Constitutional...

Harassment is harassment if there is more than one incident
Malcolm Mifsud

Harassment can take the form of words or actions. The prosecution must prove a...

Harassment can take the form of words or actions. The...

Cash payments still have to be proved
Malcolm Mifsud

The plaintiff had originally claimed before the Magistrates Court that Galea owed him €5,140 for merchandise that he had sold him

The plaintiff had originally claimed before the Magistrates...

A co-owner has to pay his share for urgent works
Malcolm Mifsud

The shares of the co-owners shall, unless the contrary is proved, be presumed...

The shares of the co-owners shall, unless the contrary is...

Damages arise when a co-owner excludes another co-owner
Malcolm Mifsud

Co-owners cannot occupy common property and take the fruits of that property...

Co-owners cannot occupy common property and take the fruits...

In spoliation, the perpetrator must be identified
Malcolm Mifsud

The plaintiff in his application explained that a block of apartments owned by...

The plaintiff in his application explained that a block of...

Departmental decision is required for judicial review
Malcolm Mifsud

A court may delve into a government department’s decision and not into...

A court may delve into a government department’s...

Interpretation of a contract is taken from the wording of the contract
Malcolm Mifsud

The interpretation of a contract is done in accordance with Article 1002 of the Civil Code and therefore, the interpretation should be extracted from the...

The interpretation of a contract is done in accordance with...

Court must limit itself to the ground for liquidation proposed by the plaintiff
Malcolm Mifsud

The court held that if the applicant company did not manage to satisfy the requisites which it itself quoted as being Article  214(2)(a)(ii) it could not...

The court held that if the applicant company did not manage...

Court disagrees with easement claim
Malcolm Mifsud

The plaintiff claimed the defendants make use of a cesspit which is situated in her property and to make use of the cesspit they pass across her property...

The plaintiff claimed the defendants make use of a...

Court orders defendants to follow up judicial letters by instituting lawsuit against plaintiff
Malcolm Mifsud

The plaintiffs asked the court to order the defendants to follow up the case by taking legal action to establish their rights, or, alternatively to stop making...

The plaintiffs asked the court to order the defendants to...

No spoliation if defendant had purchased the property, with plans showing windows
Malcolm Mifsud

Before the application was lodged the defendants constructed a new window overlooking the drive-in and this, according to the plaintiffs, was done against the...

Before the application was lodged the defendants...