MaltaToday.com.mt - Comment / Law Report

Court may decide a case even if there is conflicting evidence

Malcolm Mifsud

The Court of Criminal Appeal has delivered a judgment in the case of The Police v. IS

When the wording of a contract is clear there is no need for any other interpretation

Malcolm Mifsud

The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of that contract

Court declares it has no jurisdiction to decide on rent due

Malcolm Mifsud

Magistrate Francesco Depasquale held that the court was not competent at law to...

Magistrate Francesco Depasquale held that the court was not...

Court confirms that case was already decided

Malcolm Mifsud

The Court of Appeal, composed of Chief Justice Silvio Camilleri, Mr Justice G....

The Court of Appeal, composed of Chief Justice Silvio...

Court allows daughter to retain mother’s surname after father recognises her at 15 years old

Malcolm Mifsud

The Civil Court (Family Section) in a judgement on 29 October, 2014 allowed a 15-year-old daughter to retain her mother’s surname, even though her father...

The Civil Court (Family Section) in a judgement on 29...

Tribunal rules it is competent to decide on claims deriving from leases

Malcolm Mifsud

A Small Claims Tribunal presided by Dr Censu Galea, in Anthony and Mary Dolores Montebello -v- Falk Lindner and Jaynell Lindner, held on 17 February that...

A Small Claims Tribunal presided by Dr Censu Galea, in...

Malcolm Mifsud

The First Hall of the Civil Court on 9 February, 2015 upheld a request to block a testamentary executor from carrying out his duties in lieu of a pending court...

The First Hall of the Civil Court on 9 February, 2015...

Court divides price of ship among creditors

Malcolm Mifsud

Mr Justice Joseph Azzopardi, in the case Dr Kris Borg -v- Piraeus Bank AE et on...

Mr Justice Joseph Azzopardi, in the case Dr Kris Borg -v-...

Malcolm Mifsud

A man proved that he is the natural father of a child in a DNA test, and also by confirming that he fathered the child.

A man proved that he is the natural father of a child...

Court turns down damages case due to lack of evidence

Malcolm Mifsud

The magistrates court rejected a request to award damages because it was not...

The magistrates court rejected a request to award damages...

Court sticks to tenant’s and landlord’s initial intentions

Malcolm Mifsud

Mr Justice Lawrence Mintoff in the First Hall of the Civil Courts, decided on...

Mr Justice Lawrence Mintoff in the First Hall of the Civil...

Court rules on the abandonment of a case

Malcolm Mifsud

A court handing down judgement on 5 January, 2015, held that even if the defendants do not object to the plaintiffs asking the court to reappoint a case,...

A court handing down judgement on 5 January, 2015,...

Accountant blocks sale of Jerma Palace Hotel

Malcolm Mifsud

The First Hall of the Civil Courts, presided by Ms Justice Jacqueline Padovani...

The First Hall of the Civil Courts, presided by Ms Justice...

Court halts excavation after legal distance not respected

Malcolm Mifsud

The First Hall of the Civil Courts ordered that excavation works be stopped...

The First Hall of the Civil Courts ordered that excavation...

Court allowed Transport Malta to asphalt a private yard

Malcolm Mifsud

The First Hall of the Civil Court turned down a request for a warrant of...

The First Hall of the Civil Court turned down a request for...

Court allows divorce irrespective of claims of non-payment of maintenance

Malcolm Mifsud

The Family Court upheld a request for divorce, although the former wife claimed that her former husband did not pay her maintenance in full.

The Family Court upheld a request for divorce, although the...

Court orders payment for unjustified enrichment

Malcolm Mifsud

The Court of Appeal on 1 December, 2014 in Albert Mallia -v- Albert Camilleri...

The Court of Appeal on 1 December, 2014 in Albert Mallia...

Malcolm Mifsud

The First Hall of the Civil Court rejected a plea that the issue being discussed was already decided upon in a judgment of the Court of Appeal, since it...

The First Hall of the Civil Court rejected a plea...

Administrative Tribunal disagrees with board’s interpretation of documentary evidence

Malcolm Mifsud

The Administrative Review Tribunal held on November 17, 2014 that the Transfer of Residence Exemption Board misinterpreted clear documentary evidence that an...

The Administrative Review Tribunal held on November 17,...

New Planning Tribunal should have given opportunity to all parties to present evidence

Malcolm Mifsud

The Court of Appeal ruled on 12 November, 2014 in Joseph Xuereb -v- MEPA, that a letter challenging a stop notice was in fact an appeal in terms of the...

The Court of Appeal ruled on 12 November, 2014 in Joseph...