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Court may decide a case even if there is conflicting evidence

Court may decide a case even if there is conflicting evidence
Malcolm Mifsud
The Court of Criminal Appeal has delivered a judgment in the case of The Police v. IS
When the wording of a contract is clear there is no need for any other interpretation

When the wording of a contract is clear there is no need for any other interpretation
Malcolm Mifsud
The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of that contract
Licensed cargo agents have exclusivity only in customs restricted areas

Licensed cargo agents have exclusivity only in customs restricted areas

Malcolm Mifsud

A licensed cargo agent may be allowed to pick up merchandise from restricted areas controlled by the Customs Department

A licensed cargo agent may be allowed to pick up...

A judicial sale by auction will not be suspended unless there is a legitimate impediment

A judicial sale by auction will not be suspended unless there is a legitimate impediment

A judicial sale by auction will not be suspended unless there is a legitimate impediment warranting such suspension

A judicial sale by auction will not be suspended unless...

Evidence must have an audit trail

Evidence must have an audit trail

Malcolm Mifsud

The Court must be convinced that the evidence brought before it was not tampered with

The Court must be convinced that the evidence brought...

The different approaches to revoke a garnishee order

The different approaches to revoke a garnishee order

Malcolm Mifsud

The party subject to a precautionary warrant, such as a garnishee order must...

The party subject to a precautionary warrant, such as a...

An employer does not have the power to reject an employee’s resignation

An employer does not have the power to reject an employee’s resignation

In the case Clayton Zammit vs Erica Pantaleon, decided by the Industrial Tribunal on the 7 August 2024, the Tribunal decided that the case lodged by the...

In the case Clayton Zammit vs Erica Pantaleon, decided by...

Part-payment of bills of exchange can block their execution

Part-payment of bills of exchange can block their execution

Malcolm Mifsud

If the debtor pays in part the bills of exchange, the court may reject an...

If the debtor pays in part the bills of exchange, the court...

Court denies property division due to plaintiffs’ lack of evidence

Court denies property division due to plaintiffs’ lack of evidence

Malcolm Mifsud

In a recent decision, the First Hall of the Civil Court, presided over by...

In a recent decision, the First Hall of the Civil Court,...

Breach of bail is a separate crime

Breach of bail is a separate crime

Malcolm Mifsud

The Prosecution may choose to prosecute an accused, if they breache the bail conditions, according to a ruling delivered by the Court of Criminal Appeal...

The Prosecution may choose to prosecute an accused, if they...

Right to a widow’s pension even following annulment

Right to a widow’s pension even following annulment

Malcolm Mifsud

The annulment of a marriage may still allow a woman to receive a widow’s...

The annulment of a marriage may still allow a woman to...

One cannot take the law into his own hands, even when rights are allegedly violated

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

Malcolm Mifsud

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

Landlords' battle over rent control ends in defeat

Gianluca Cappitta

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

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

Court may turn down claims, even if Defendant did not file statement of defence

Malcolm Mifsud

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

Scam victims are bound to be diligent

Malcolm Mifsud

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

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

Increase in rent should reflect the open market value of the property

Malcolm Mifsud

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

Qualifications must be equal to that listed in the law

Malcolm Mifsud

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...

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