A claimant who asserts that conditions of a sale were satisfied must produce the best available evidence to support the claim. Failure to do so could prevent a court from ordering...
The Appeal Court in its judgment pronounced on 30 April 2026, in the case Aspider Solutions Malta Limited vs Redtouch Fone Limited, partially upheld the appeal filed by Aspider
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...
A creditor may ask a company to be revived
A company which is owed money from a company which has been struck off the...
A company which is owed money from a company which has been...
The elements of a retrial must be cumulative
When arguing for a retrial, the elements of a retrial must all exist
When arguing for a retrial, the elements of a retrial must...
Unfair consumer contracts null and void
Consumer contracts which are unfair and in violation of consumer protection laws will be declared null and void
Consumer contracts which are unfair and in violation of...
Appeals Court rakes in favour of the Commissioner of Revenues
The Court of Appeal held that the Court does not have the competence to...
The Court of Appeal held that the Court does not have the...
Distinction must be made between the merits of an executive title and the formality of an executive warrant
The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the formality...
The Court endorsed the argument that a party attacking an...
Any doubt on whether the action is time barred should go in favour of the plaintiff
The party claiming that an action is time barred should prove this. However, any doubt should sway in favour of the plaintiff
The party claiming that an action is time barred should...
The date of a judgment is essential for its validity
An incorrect or an unclear date of a criminal judgment will annul the judgment...
An incorrect or an unclear date of a criminal judgment will...
Tribunal must decide on all grounds of appeal
The Financial Services Tribunal was asked to decide on two grounds of appeal...
The Financial Services Tribunal was asked to decide on two...
Maltese court has jurisdiction of vessels found in Malta’s territorial waters
The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta
The jurisdiction of the courts is generally applicable when...
Contractor must charge at rates listed in quotation
A contractor cannot inflate the price of extra works, if the parties had agreed...
A contractor cannot inflate the price of extra works, if...
The loss of remission is not a punishment but a means of keeping discipline in prison
The introduction of the Remission Board meant the prison authorities could reduce the days of remission and therefore, the longer prisoners are kept
The introduction of the Remission Board meant the prison...
The Court may ask an interested party to join a court case
The Court has the power to order a third party to a lawsuit to join the action,...
The Court has the power to order a third party to a lawsuit...
An email may be sufficient for an agreement
The Court had to delve into the wording of an email to see what agreement had...
The Court had to delve into the wording of an email to see...
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