In a judgment delivered on 23 July 2026, the Constitutional Court awarded compensation for a human rights breach but declined to order the eviction in a case concerning an...
Financial advisers play an important role in helping individuals make informed financial decisions
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...
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...
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