MaltaToday.com.mt - Comment / Law Report

Damages lawsuit requires proof of direct link between action and its alleged consequences

Malcolm Mifsud

An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed

Court must assure that all co-owners receive a fair price in forced sale of property

Malcolm Mifsud

When the majority of co-owners request the sale of the property, the Court has to see whether the sale will cause serious prejudice to the minority

Rent law breached fundamental human rights

The pivotal case Dr Cedric Mifsud et. vs. the Attorney General et brought about...

The pivotal case Dr Cedric Mifsud et. vs. the Attorney...

No need for a director to represent a company

In a judgement delivered by Magistrate Dr Gabriella Vella on the 18 November...

In a judgement delivered by Magistrate Dr Gabriella Vella...

Court orders couple to pay contractor reduced fee for finishes

On 30 September 2013, Mr Justice Joseph Zammit McKeon ordered Mario and Theresa...

On 30 September 2013, Mr Justice Joseph Zammit McKeon...

A statement may be still given to jurors, even if legal advice not allowed

The Criminal Court concluded in a judgement delivered by Mr Justice Lawrence Quitano on 4 October 2013 in Malta v. Anthony Cachia that, although the accused...

The Criminal Court concluded in a judgement delivered by Mr...

Transfer of possession of merchandise = transfer of risk

The First Hall of the Civil Court ordered a freight company to pay the value of...

The First Hall of the Civil Court ordered a freight company...

When it is your right to cause an inconvenience

The court held that although rabbits were being kept in a garage in a complex...

The court held that although rabbits were being kept in a...

A doctor is not necessarily responsible for the result of an intervention

The First Court of Civil Courts decided that a medical doctor and a private hospital were not responsible for the rupture of the shoulder of a baby during...

The First Court of Civil Courts decided that a medical...

When a wife is not responsible for her husband’s debts

Mr Justice Anthony Ellul ruled on 1 November 2013 in the case Emanuel Spiteri...

Mr Justice Anthony Ellul ruled on 1 November 2013 in the...

Legacy is transferred upon death of testator

Mr Justice Mark Chetcuti decided on 12 November 2013 that a legatee has a right...

Mr Justice Mark Chetcuti decided on 12 November 2013 that a...

The First Hall of the Civil Court on 26 September 2013 decided that an action cannot be instituted if its intention is that the court merely issues a...

The First Hall of the Civil Court on 26 September 2013...

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