MaltaToday.com.mt - Comment / Law Report

Evidence must have an audit trail

Malcolm Mifsud

The Court must be convinced that the evidence brought before it was not tampered with

The different approaches to revoke a garnishee order

Malcolm Mifsud

The party subject to a precautionary warrant, such as a garnishee order must choose carefully which procedure to use in order to ask the court to revoke it

When a Bill of Exchange is due for payment

The First Hall of the Civil Courts in its judgment delivered on 19 September...

The First Hall of the Civil Courts in its judgment...

Deportation order did not breach fundamental human rights - Joseph Mizzi

On 12 April 2013 the First Hall Civil Court, Constitutional Jurisdiction, presided over by Honourable Justice Mr Gino Camilleri in the case Saaidia Chabab vs...

On 12 April 2013 the First Hall Civil Court, Constitutional...

Deportation order did not breach fundamental human rights

On 12 April 2013 the First Hall Civil Court, Constitutional Jurisdiction,...

On 12 April 2013 the First Hall Civil Court, Constitutional...

Shareholders can purchase their arrested vessel

In a court decree, Mr Justice Mark Chetcuti authorised the private sale of an...

In a court decree, Mr Justice Mark Chetcuti authorised the...

Prohibitory injunction turned down because of alternative sufficient remedy

Warrant of prohibitory injunction is intended to block someone from doing something which would cause prejudice and damages

Warrant of prohibitory injunction is intended to block...

If there is sufficient guarantee, a precautionary warrant may be removed

Court pointed out that at the stage when warrants are filed, the court examines the claim on a prima facie level.

Court pointed out that at the stage when warrants are...

Constitutional Court is not for appeals but to ensure fair hearings

A constitutional action should not be used to appeal a judicial and...

A constitutional action should not be used to appeal a...

If you plead guilty, you accept the punishment awarded

Directors personally held responsible for company’s failings

Company failed to provided minimum level of safety for man who died in Libya.

Company failed to provided minimum level of safety for man...

Defendant gaming companies dissolved and consequently wound up

Plaintiff wanted court to dissolve and wind up gaming companies.

Plaintiff wanted court to dissolve and wind up gaming...

The taxman’s notice counts, even if you’re not home to get it

The Magistrate’s Court decided on 8 July 2013 that a Notice of Liquation sent...

The Magistrate’s Court decided on 8 July 2013 that a...

Even after selling car, licensee is responsible for payment of licences

Vehicle licensee is ultimately responsible for payment of past licences, even if car was sold to another person.

Vehicle licensee is ultimately responsible for payment of...

Court decides to recognise wisdom of technical expert

Court report by Joseph Mizzi

€23,293 deposit ruled refundable, not forfeited ‘kappara’

Court report by Greta Mifsud

Fraudulent donation contracts thrown out

The Court concluded that the property in question was donated fraudulently and with the intention to prejudice the plaintiff’s rights which emanated from a...

The Court concluded that the property in question was...

Appeals Court overturns guilty verdict that found a man guilty of renting a flat to a foreigner without an adequate licence.

Appeals Court overturns guilty verdict that found a man...

LBM Breweries failed to prove that the use of the name ‘Oktoberfest’,...

LBM Breweries failed to prove that the use of the name...

Limitations to the acquisition of property by prescription

If one holds property on behalf of someone else, then one cannot acquire it by...

If one holds property on behalf of someone else, then one...