A request for retrial cannot be made to contest the interpretation of First Court
Jodie Darmanin
A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court
Once a company does not pay its debts the court may liquidate it
Malcolm Mifsud
The law allows a liquidation of a company upon the application of a creditor if the debtor company is served with an executive title and fails to pay within 24 hours. This concept...
DNA establishes paternity of child
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...

When a res judicata plea can be raised
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...

Giving a second chance
Malcolm Mifsud

The Court of Criminal Appeal on November 3, 2014 told a Magistrate’s Court to reactivate a suspended sentence in order to give an accused person another...

The Court of Criminal Appeal on November 3, 2014 told a...

When can a law firm disclose information?
Malcolm Mifsud

A dispute between ultimate beneficiaries of a company registered in Malta,...

A dispute between ultimate beneficiaries of a company...

High sulphur content in gasoil justifies seizure
Malcolm Mifsud

The First Hall of the Civil Court on 21 October, 2014 turned down a request...

The First Hall of the Civil Court on 21 October, 2014...

Damages awarded following eviction
Malcolm Mifsud

The First Hall of the Civil Court awarded damages to the owners of rural land and a farmhouse following the eviction of the occupiers of the land. 

The First Hall of the Civil Court awarded damages to the...

Court qualifies audited accounts
Malcolm Mifsud

The court ordered a company to pay its former pharmacist after it concluded that the audited accounts did not reflect the reality of what had actually taken...

The court ordered a company to pay its former pharmacist...

Courts may hear disputes, irrespective of arbitration clause
Malcolm Mifsud

The courts may hear and decide upon disputes between parties of an agreement...

The courts may hear and decide upon disputes between...