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...

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

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...