MaltaToday.com.mt - Comment / Law Report

When there is no defence, the plaintiff still has to prove the case

Malcolm Mifsud

When the defendant fails to file a statement of defence, this does not mean they are admitting to the claims of the plaintiff

Court rules pensioner should receive an increase in pension

Malcolm Mifsud

The Court of Appeal in its deliberations held that the fact that the Appellant retired in 2015, before the Legal Notice became enforceable, is irrelevant. What is relevant, the...

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...

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...

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...

Court orders son to be returned to the UK

Malcolm Mifsud

The Court ordered that a young boy be taken back to his ordinary residence in...

The Court ordered that a young boy be taken back to his...

Malcolm Mifsud

The First Hall of the Civil Court on 15 September, 2014 appointed a liquidator to prepare and register the liquidation of MIMS Supplies Limited.

The First Hall of the Civil Court on 15 September, 2014...

The onus of proof in electricity theft is shifted on to the defendant

Malcolm Mifsud

The Magistrates’ Court ruled on 21 August that in electricity theft the...

The Magistrates’ Court ruled on 21 August that in...

Debtor will have to pay interest and judicial costs

Malcolm Mifsud

If a debtor does not show that there was a valid reason not to pay a debt, then...

If a debtor does not show that there was a valid reason not...

Court blocks private sale of arrested vessel

Malcolm Mifsud

The First Hall of the Civil Court did not allow a company to purchase a vessel...

The First Hall of the Civil Court did not allow a company...

Malcolm Mifsud

The Court of Appeal ruled on 11 August, 2014 that a tribunal may make use of an expert, so as long as it is in open court.

The Court of Appeal ruled on 11 August, 2014 that a...

Matrimonial home is no guarantee for garnishee order in separation proceedings

Malcolm Mifsud

The Family Court turned down a request to withdraw a garnishee order between spouses since the husband was giving the matrimonial home as a guarantee.

The Family Court turned down a request to withdraw a...

Malcolm Mifsud

A court sent a relapser to prison after he was accused of theft, to which he pleaded guilty.

A court sent a relapser to prison after he was accused...

Agency uses wrong procedure to collect a refund

Malcolm Mifsud

The First Hall of the Civil Court ruled that Article 466 of the Code of...

The First Hall of the Civil Court ruled that Article 466 of...

Defendant had no legal title to use the property

On 18 July, 2014, the Court of Appeal in its Superior Jurisdiction confirmed a...

On 18 July, 2014, the Court of Appeal in its Superior...

Court rejects claim that violence led to donation contract

Malcolm Mifsud

The Magistrates’ Court in Gozo held that for a contract to be annulled...

The Magistrates’ Court in Gozo held that for a...

Court rules that flat owner had no right to place water tank on roof

Malcolm Mifsud

Mr Justice Anthony Ellul on 4 July, 2014 in Christopher and Marisa Galea v...

Mr Justice Anthony Ellul on 4 July, 2014 in Christopher and...

Court blocks disciplinary procedure upon breach of human rights claims

Malcolm Mifsud

The First Hall of the Civil Court ruled that it is competent to issue a warrant of prohibitory injunction against the Public Service Commission once the...

The First Hall of the Civil Court ruled that it is...

Requisitioned property not given to owners in the public interest

Malcolm Mifsud

In a judgement delivered on Monday, 23 June, 2014 the court held that the fact...

In a judgement delivered on Monday, 23 June, 2014 the court...