Winning a case abroad does not necessarily mean winning in Malta. Before a foreign judgment can be enforced locally, it must first satisfy the requirements laid down by Maltese law
Modern commerce depends on a simple but powerful legal principle—a company is treated as a person distinct from those who own it
When there is no defence, the plaintiff still has to prove the case
When the defendant fails to file a statement of defence, this does not mean...
When the defendant fails to file a statement of defence,...
Court rules pensioner should receive an increase in pension
The Court of Appeal in its deliberations held that the fact that the Appellant...
The Court of Appeal in its deliberations held that the fact...
The defendant must be involved in the transaction
For a Defendant to be the correct Defendant, it must be shown that prima facie...
For a Defendant to be the correct Defendant, it must be...
EU legislation allows compensation for those who are denied boarding a flight
EU legislation allows compensation in cases when people are unjustifiably denied boarding
EU legislation allows compensation in cases when people are...
A request for retrial cannot be made to contest the interpretation of First Court
A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court
A request for retrial will not be accepted by the Court if...
Once a company does not pay its debts the court may liquidate it
The law allows a liquidation of a company upon the application of a creditor if...
The law allows a liquidation of a company upon the...
An investor must bear all the risks of an investment
An EU official took all the risk when she invested her severance package, with...
An EU official took all the risk when she invested her...
A judicial review may be done only against the public administration
A call to include persons with interest in the action was turned down because...
A call to include persons with interest in the action was...
Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded
The Developer must bear the expenses for reconstructing a common party wall when the height proposed in the development cannot be supported by the common wall
The Developer must bear the expenses for reconstructing a...
Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors
A judicial liquidation is aimed at protecting creditors and is done by a collective procedure
A judicial liquidation is aimed at protecting creditors and...
Damages lawsuit requires proof of direct link between action and its alleged consequences
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
An action for damages requires that there must be a direct...
Court must assure that all co-owners receive a fair price in forced sale of property
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
When the majority of co-owners request the sale of the...
Restorative justice in action
Restorative justice focuses on repairing harm caused by criminal behaviour through reconciliation, accountability, and reintegration rather than solely...
Restorative justice focuses on repairing harm caused by...
Before depositing rent in court, a tenant must first offer payment
A deposit of rent in court is only valid if the tenant first offers payment to...
A deposit of rent in court is only valid if the tenant...
Payment of rent by agricultural produce has to be subject to a written agreement
An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement
An agricultural lease may be paid by fruit or vegetables;...
Producing no evidence may imply responsibility
If a party to any action does not produce any evidence in a damages case, it...
If a party to any action does not produce any evidence in a...
When enforcing a foreign judgment, the Maltese Courts should not carry out a retrial
In a decree issued by the First Hall of the Civil Court in Dr Malcolm Mifsud noe vs Ugor Tatlici given on 30 October 2024, the Court ruled that Article...
In a decree issued by the First Hall of the Civil Court in...
Tribunal rules against buyer in car payment dispute, orders compensation
In a judgment in the names Astrid Parnis vs Neil Attard, a Tribunal ruled that a car buyer must settle outstanding payments and reimburse fines after failing...
In a judgment in the names Astrid Parnis vs Neil Attard, a...
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