MaltaToday.com.mt - Comment / Law Report

Parties in lawsuits living abroad must be represented in the proceedings

Malcolm Mifsud

If there is no representative, this does not make the acts null. On the other hand, this does not mean that the case can continue to proceed.

It is the judge who should evaluate the evidence produced

Malcolm Mifsud

A judge should evaluate all the evidence produced in the acts of the case

Company director personally responsible for giving wrongful instructions

Malcolm Mifsud

The First Hall of the Civil Courts on 16 May 2014 held that a company director was still personally responsible for damages after it was found that he had...

The First Hall of the Civil Courts on 16 May 2014 held that...

Right of Preference does not exonerate sellers from their guarantee of peaceful possession

Malcolm Mifsud

The First Hall of the Civil Court of 12 May 2014 in the lawsuit ‘Camland Limited –v- Saviour Borg, Joseph Borg, Carmelo Borg, George Borg, Alfred...

The First Hall of the Civil Court of 12 May 2014 in the...

Court allows correction of surname due to its complexity

Malcolm Mifsud

The First Hall of the Civil Court, on 30 April 2014, allowed a father to have...

The First Hall of the Civil Court, on 30 April 2014,...

Courts do not need to quote every document in its judgements

Malcolm Mifsud

The Constitutional Court turned down a request for retrial since it was alleged...

The Constitutional Court turned down a request for retrial...

Tenant ordered to vacate field due to lack of maintenance

Malcolm Mifsud

The Land Regulation Board, presided over by Dr Francesco Depasquale, ordered on...

The Land Regulation Board, presided over by Dr Francesco...

Extension to a promise of sale agreement must be registered with Inland Revenue

Article provided by Joseph Mizzi

Malcolm Mifsud

The Court of Appeal changed the compensation for a faulty water heater in order to satisfy the concept of equity that was applied in the Consumer Tribunal.

The Court of Appeal changed the compensation for a faulty...

Husband ordered to pay damages for mismanagement of family’s business

Malcolm Mifsud

There was no reason for Reno Grech to transfer the matrimonial home to Merger Enterprises Limited - he did not act in the family’s best interest

There was no reason for Reno Grech to transfer the...

Court upholds objection to company’s request for a provisional administrator

Malcolm Mifsud

Wallace Falzon is the only participant in the company and is the shareholder and director. If everything is above board then there is no need to appoint a...

Wallace Falzon is the only participant in the company and...

Insurance policy still valid despite previous convictions

Malcolm Mifsud

Insurance policy is still valid for third parties even though application was...

Insurance policy is still valid for third parties even...

Court blames prosecution for desertion of case

Chris Mangion

The Constitutional Court yesterday revoked the reappointment of a case and...

The Constitutional Court yesterday revoked the...

Court stated that the defendants had no legal right to occupy the property and ordered eviction

In the case Raymond Bugeja vs. Giannella Annati et, the First Hall Civil Court, presided over by Honourable Justice Mr Joseph Azzopardi, on the 29th January...

In the case Raymond Bugeja vs. Giannella Annati et, the...

A creditor must make use of one procedure

Malcolm Mifsud

In a judgement delivered by the Magistrate’s Court on 26 February 2014 in...

In a judgement delivered by the Magistrate’s Court on...

Court blocks construction works pending title claim

The First Hall of the Civil Courts upheld a request to issue a warrant of...

The First Hall of the Civil Courts upheld a request to...

In a judgment delivered by Mr Justice Noel Cuschieri on 31 January, the Civil Courts (Family Section) awarded a mother the care and custody of her son even...

In a judgment delivered by Mr Justice Noel Cuschieri on 31...

MCC’s ticketing policy is not in violation of fair competition

Mr Justice Mark Chetcuti ruled that the Mediterranean Conference Centre...

Mr Justice Mark Chetcuti ruled that the Mediterranean...

Automatic overtime is not a worker’s right

Mr Justice Mark Chetcuti held in his decision of 22 January 2014, an employee...

Mr Justice Mark Chetcuti held in his decision of 22 January...

Contract Rescinded due to MEPA Enforcement Notice

The First Hall of the Civil Court decided on 13 January 2014 that a contract of...

The First Hall of the Civil Court decided on 13 January...