The 2018 amendments have added further uncertainty to Maltese tort law, and that there is a need for legislative action to guide the law towards a more humane and victim-centred...
The case of Artan Coku vs The State Advocate and the Chief Principal Immigration Officer, has been granted an interim measure in favour of the complainant, prohibiting his...
One cannot take the law into his own hands, even when rights are allegedly violated
No person can take the law in his own hands, even if his own rights are allegedly being violated by the other party
No person can take the law in his own hands, even if his...
Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered
Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered, with analysis regard diverging views on...
Court upholds claim for payments of sum owed by applicant...
Landlords' battle over rent control ends in defeat
Judge Lawrence Mintoff, dismissed claims by property owners seeking to...
Judge Lawrence Mintoff, dismissed claims by property owners...
Court strikes down severe cash penalty as unconstitutional
In a landmark decision, the Constitutional Court on 24 June 2024 declared a...
In a landmark decision, the Constitutional Court on 24 June...
Court may turn down claims, even if Defendant did not file statement of defence
The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff
The lack of a statement of defence does not mean that the...
Scam victims are bound to be diligent
A victim of a scam cannot use the scam as a defence against a claim to pay debts
A victim of a scam cannot use the scam as a defence against...
Plea of res judicata declined as merits not discussed in initial case
A plea of res judicata was rejected because the merits of the case were not...
A plea of res judicata was rejected because the merits of...
Increase in rent should reflect the open market value of the property
The Court should take into account the value of the property when calculating...
The Court should take into account the value of the...
Qualifications must be equal to that listed in the law
The law provides a list of subjects that have to be covered for a person to...
The law provides a list of subjects that have to be covered...
A threat must be realistic in order for it to be a crime
A threat must be realistic and the person who is making the threat must have...
A threat must be realistic and the person who is making the...
Court will not enter into intricacies when dealing with a precautionary warrant
The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of the procedure
The Court needs to be satisfied that a precautionary...
Shareholder is distinct from the company
An agreement entered into by the majority shareholder of a company may have no bearing on the company
An agreement entered into by the majority shareholder of a...
Litigants should make use of every remedy available to ensure justice
In the recent case of Mark Micallef vs The State Advocate, the plaintiff...
In the recent case of Mark Micallef vs The State Advocate,...
Parties in lawsuits living abroad must be represented in the proceedings
If there is no representative, this does not make the acts null. On the other hand, this does not mean that the case can continue to proceed.
If there is no representative, this does not make the acts...
It is the judge who should evaluate the evidence produced
A judge should evaluate all the evidence produced in the acts of the case
A judge should evaluate all the evidence produced in the...
Banks must explain to clients why they want certain documents
Banks are expected to give reasons why they are asking for documents when they...
Banks are expected to give reasons why they are asking for...
The Court must decide on all pleas raised
The Court will decide on all claims and pleas the parties of a case have raised
The Court will decide on all claims and pleas the parties...
Co-owners cannot block the use of other co-owners
Co-owners must make use of the property in common as long as it is done in the...
Co-owners must make use of the property in common as long...
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