Friday, July 17, 2020
Proved physical and psychological violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions. This was held by the Family Section of the Civil Court presided by Judge Abigail Lofaro on 7 July 2020 in a case ABC -v- DE. The plaintiff, a 71-year-old, submitted in his application that he got married to the defendant, 20 years his junior, in April 2015. He complained that he suffered from physical and psychological violence from the defendant, so much so she was evicted from the matrimonial home, following a number of police reports. He therefore, asked the Court to declare the separation of both of them. The Plaintiff filed an affidavit explaining that he had met the defendant in 2011, when she was on holiday in Malta and from there blossomed a relationship, where he visited her country of Slovenia a number of times. The plaintiff had no interest to marry, but the defendant insisted that they do and she put constant pressure on him. He realised that he could not get rid of her and felt afraid of her.
Friday, July 10, 2020
It is prevalent for agreements of a commercial nature to contain a jurisdiction clause, particularly when the parties or entities concerned would be operating on an international level. The term ‘jurisdiction’ refers to the authority given by law to a court to hear and decide legal disputes within a particular geographic area and/or over certain types of legal cases. A jurisdiction clause, also known as a dispute resolution clause, identifies how and where disputes arising from the agreement (if any) are to be determined. When parties decide to include a jurisdiction clause at the outset of an agreement, it is important to ensure that the way the jurisdiction clause is worded clearly outlines the intention of the parties and would not create difficulties of interpretation. Formulating a jurisdiction clause which poses difficulties of interpretation could result in the parties having to enter costly and lengthy legal proceedings purely based on determining whether the Court has jurisdiction to hear the dispute. It is only after the jurisdictional issue is resolved that the parties would be able to institute proceedings for the Court to determine the matter of contention between the parties. A delay in these circumstances could result in the aggrieved party suffering additional losses.
Friday, July 10, 2020
Damages may ensue as a consequence when someone fails to fulfil his or her obligations.This was held in Darren Abela -v- Carmelo Muscat et on 1 July 2020 before the First Hall of the Civil Court presided by Madame Justice Anna Felice. In his application, Abela explained that the parties had entered into a promise of sale agreement on 24 July 2017 to purchase a property in Mgarr.This promise of sale agreement was extended a number of times, but last expired on 30 November 2018 and Muscat failed to appear for the contract.Muscat explained that he first needed his sister’s authorisation and a further payment of €30,000. The plaintiff did not agree.
Friday, July 3, 2020
The four-month period in which a former employee may file an Industrial Tribunal action against the former employer starts on the last day of work.This was held by the Court of Appeal on 12 June 2020 in Doreen Saliba v Foster Clark Products Ltd.Saliba had filed an action before the Industrial Tribunal after she felt that she was forced to resign and therefore is alleging that there was a case of constructive dismissal.The company pleaded that the action was time barred in terms of Article 75 (3) of the Employment and Industrial Relations Act, since the case was filed beyond four months when Saliba had tendered her resignation.The Industrial Tribunal in its award held that Article 75 (3) of the Act precludes the Tribunal to hear a case which is presented after four months. Saliba presented her resignation on 23 August 2018, worked her notice period until 26 October 2018 and presented the case on 22 January 2019.The Company argued that the case should have been presented four months from 23 August 2018.
Friday, June 26, 2020
Authorities are bound at law to give all vital information to the public in order for the public to conform with regulations. This was held in a judgement delivered by the Court of Appeal, decided on 12 June 2020, presided by Mr Justice Lawrence Mintoff in Urs Schwinger -v- Transport Malta and Ministeru ghall-Finanzi.The Ministry of Finance had appealed from a judgement of the Administrative Review Tribunal, where the Tribunal had upheld a claim of Mr Schwinger.
Friday, June 19, 2020
The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in a judgement delivered by Madame Justice Joanne Vella Cuschieri on 5 June 2020 in Iris Cauchi et -v- Carmel Abela. The Cauchis filed a sworn application before the First Hall of the Civil Courts, in which they explained that they are the owners of land in Zejtun which is now being used as an animal farm. In 2013 they called on Abela to terminate the lease and therefore, they asked the court to order the defendant to vacate the premises since he is without a title.
Saturday, June 13, 2020
The Court of Criminal Appeal switched the punishment of a person who was first awarded a suspended sentence, since this was not permitted at law. This was held in a judgment on 2 June 2020 by Madame Justice Consuelo Scerri Herrera in Il-Pulizija -v- Rodrick Zahra and Ruth Spiteri. The two accused were charged for a number of thefts of gas cylinders in 2017 in various localities in Malta. Spiteri was also charged on breaching a conditional discharge given in a previous judgment in terms of Article 22 of the Probation Act.
Monday, June 8, 2020
When awarding a punishment in criminal cases, the courts have to keep in mind that there are three principles. This was held on 20 May 2020 by Magistrate Dr Joseph Mifsud in Il-Pulizija -v- Mario Grima. Grima was accused of a number of thefts in Valletta in October and December 2019 and in January and March 2020.He admitted to the charges brought against him.The Court pointed out that the procedure stipulated in Articles 453(1) and 392A of the Criminal Court were strictly adhered to, in that the accused was given chance to reflect on whether he wanted to confirm his guilty plea, which he did.
Friday, May 29, 2020
The Court of Criminal Appeal overturned a conviction of a mother, since the CCTV footage of an incident with her sons, are not compatible with their account of what took place by her children. This was held in a judgement delivered in a case Pulizija -v- Omissis (the Court banned the names of the parties) on 14 May 2020. The Court was presided by Madame Justice Consuelo Scerri Herrera. The mother was found guilty of causing slight bodily harm to her two sons in August 2017. The Magistrates Court awarded her a two-month conditional discharge, however, she appealed the judgement on the grounds that the judgement was null and void and that the lower court did not carry out a proper evaluation of the facts of the case.
Tuesday, May 26, 2020
Malta has long been considered as a maritime hub thanks to its position in the middle of the Mediterranean Sea. Many owners seek to register their vessels under the Maltese flag, due to the numerous advantages which it has to offer. Such registration is further encouraged by the straightforward vessel registration procedure in Malta, which we will further analyse in this article.
Friday, May 22, 2020
The Companies Act allows the Court to have a wide discretion to appoint administers of companies in liquidation. This was held in a judgement delivered by the First Hall of the Civil Courts, presided by Mr Justice Joseph Zammit McKeon on 6 May 20202 in a case, HSBC Bank Malta plc -v- The Golden Shepherd Group Limited. HSBC filed an application to the court asking the court to appoint an administer in terms of Article 228 of the Companies Act in the stead of the current director Dr Frank Portelli.
Friday, May 15, 2020
A father was declared the natural father of a minor child, irrespective of the fact that the mother’s husband had adopted the same child. This was held in a judgement delivered by the Family Section of the Civil Court in AB -v- CD and FD et, presided by Mr Justice Anthony Vella. This judgement was delivered on 30 April 2020. AB, told the court in his application that in 2014, his partner CD, gave birth to their son. A year later the mother married FD. Recently he was informed that when the minor child was born his birth certificate read ‘unknown father’. The mother had a relationship with the Plaintiff, AB, before her marriage and also after. Again the Plaintiff learned that the mother’s husband is now registered as the father of the child. He asked the court to declare him as the father of the child.
Friday, May 8, 2020
When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is purchased
Friday, May 1, 2020
A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie investigation it is no longer necessary
Tuesday, April 28, 2020
Il-Covid-19 poggiet pressjoni finanzjarja fuq hafna. L-gheluq ta’ ajruporti, hotels, bars u ristoranti u bosta postijiet tax-xoghol fisser li hemm min tilef l-impjieg tieghu ghal kollox jew kellu jaccetta riduzzjoni fil-paga f’termini tal-pakketti ta’ assistenza governattiva. Ghal dawk li kull xahar ihalsu manteniment versu l-konjugi jew it-tfal taghhom certament ser ihossu l-piz u ser isaqsu jekk jistax isir xi haga fic-cirkusatanzi.
Tuesday, April 28, 2020
COVID 19 has put financial strain on many. The closure of our airports, hotels, bars and restaurants and many places of work has meant that there are those who have had their jobs terminated or else have agreed to reduce their pay in terms of the government assistance packages. Those who pay monthly alimony or maintenance towards their spouses or their children, will certainly feel the pressure and may ask whether anything can be done.
Monday, April 27, 2020
The COVID 19 pandemic has brought about a number of restrictions to our daily lives. This has been done to ensure our own safety from the Corona Virus, which has taken thousands of lives worldwide. The Superintendent of Public Health has given a number of orders ranging from orders relating to public gatherings to closure of non-essential establishments. In order to ensure that these orders are observed, new legislation has introduced new offences against anyone who disobeys these orders.
Friday, April 24, 2020
Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated
Friday, April 17, 2020
The fact that the government puts asphalt on a private road, does not convert the road into public property
Tuesday, April 14, 2020
COVID-19 has put a strain on many aspects of our daily lives. It has put additional pressure on already difficult situations as when a parents have visitation rights of his/her children. Apart from the emotional side, there are legal aspects that we shall attempt to give an insight in this short write-up.
Tuesday, April 14, 2020
Il-Covid-19 tefa’ piz fuq diversi aspetti tal-hajja kwotidjana taghna. Tefa’ pressjoni addizzjonali fuq sitwazzjonijiet li diga’ kienu difficli kif kienu, bhal meta genituri jkollhom d-dritt ta’ access ghal uliedhom. Aparti l-lat emottiv, jezistu aspetti legali wara din is-sitwazzjoni, li permezz ta’ dan l-artiklu ser nipprovaw nghaddu ftit gharfien dwarhom.
Friday, April 10, 2020
The civil court should always follow its procedure, even if a constitutional law issue is raised
Friday, April 3, 2020
A warrant of prohibitory injunction may be issued once that the three elements are all adhered to
Wednesday, April 1, 2020
As time goes by, the economy continues to be largely impacted by the COVID-19 pandemic. As employers and employees seek to understand the way forward in this situation, the Department of Industrial and Employment Relations has issued the following Frequently Asked Questions to assist them in finding a solution in these uncertain times:
Friday, March 27, 2020
The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further
Tuesday, March 24, 2020
As the far-reaching impact of COVID-19 is felt around the world, society at large is still coming to terms with the fact that the implications of this pandemic go beyond the direct effect on our health, but that unfortunately it will also leave an impact on our economy.
Tuesday, March 24, 2020
Malta promulgated laws enabling spouses to attain divorce by virtue of Act XVI of 2011. Divorce is the legal dissolution of marriage by a Court of law, following which either spouse may choose to remarry.
Monday, March 16, 2020
Mifsud & Mifsud Advocates would like to inform its client of the following directive issued by the Identity Malta Agency following the outbreak of the Coronavirus Disease (COVID-19):
Friday, March 13, 2020
In view of the developing situation concerning Covid-19, the team at Mifsud & Mifsud feels that it has to take responsible precautions in the interests of public health. For this purpose, the team will be carrying out its work remotely from home throughout the coming week - a work procedure for which we are fully set up for.
Thursday, March 12, 2020
As COVID-19, most commonly known as the Coronavirus, spreads at a rapid rate around the world, and now also in Malta, employers and employees are left with a multitude of questions as to how to tackle this situation appropriately. Taking on a “business as usual” attitude can prove to be quite difficult, especially when there are no fixed guidelines in place which may be followed in such circumstances.
Friday, March 6, 2020
The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer economic prejudice should the appeal not be heard immediately
Friday, February 28, 2020
Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by auction, then the provisions of Article 258 of the Code of Organisation and Civil Procedure, do not apply
Friday, February 21, 2020
The Administrative Review Tribunal is competent to hear and decide any administrative act or measure taken by a public authority
Friday, February 14, 2020
When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debt
Friday, February 7, 2020
EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best interest to continue to have a relationship with their grandparents
Friday, January 31, 2020
When one signs an agreement that would be an indication that he or she would be agreeing to all the terms of the agreement
Friday, January 17, 2020
Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that in the case of doubt the judge should decide against this plea
Friday, January 10, 2020
An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be rejected by the Court of Appeal
Friday, December 20, 2019
For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe and satisfactory
Thursday, December 19, 2019
The falling out of any two spouses may be a messy affair. Questions of the heart more often than not, supersede legal considerations. Any matrimonial dispute may take over every aspect of one’s life, such as the future of the children, financial instability and also where one is to live. An added consideration for those who are in business is whether a personal separation will affect the future of the business, the assets and liability of that business, and how partnerships are going to be effected by such a split.
Saturday, December 14, 2019
"Set up in 2007 by its two founding partners, Dr Malcolm Mifsud and his brother Dr Cedric Mifsud, Mifsud & Mifsud Advocates is a multidisciplinary, boutique law firm. Specialising in nice sectors such as Maritime and Yachting, as well as in litigation and corporate law, the firm prides itself on offering clients a bespoke, solutions-oriented approach that is built on the cornerstones of honesty and integrity."
Friday, December 6, 2019
Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason', it has been established that a warrant can only be attacked on the basis of a mistake or error in its form on the basis of this article
Wednesday, December 4, 2019
The Council of Europe Convention on preventing and combating violence against women and domestic violence under Article 3(d) defines ‘Gender-based violence against women’ as: ‘violence that is directed against a woman because she is a woman or that affects women disproportionately
Friday, November 29, 2019
Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one
Friday, November 15, 2019
An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity
Friday, November 8, 2019
The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 2lst June 1979, the emphyteuta shall be entitled to continue to occupy the house under a title of lease after the contract expires
Friday, November 1, 2019
The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposal
Friday, October 25, 2019
If the Court establishes that a bill of exchange has an element of usury, then it is empowered not to render it enforceable
Friday, October 18, 2019
The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the publication of the relevant public act needed in virtue of Article 763
Friday, October 11, 2019
The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them
Friday, October 4, 2019
The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement
Friday, September 27, 2019
The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to take cognizance of the matter, is invalid
Friday, September 20, 2019
The Court concluded that the defendant did not adequately prove that the plaintiff was in mala fede. It held that it was clear that the plaintiff had nothing to hide and had been making the loan payments and was entitled to reimbursement
Monday, September 16, 2019
The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye was injured but no permanent damage or scars were caused
Friday, August 30, 2019
The Court applied a legal principle where the use of a document which is obviously false, is not a crime, finding the two accused not guilty of the two charges, but confiscated the documents
Monday, August 12, 2019
The Convention on the Rights of the Child only pertains to States, and not individuals
Friday, August 2, 2019
The Tribunal held that in this case, it was clear that the applicant was genuine, and even emailed the Minister explaining the issue at hand, furthermore, the Tribunal held that the mix up was solely attributed to the fact that Transport Malta misguided the applicant
Friday, July 26, 2019
The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the issue rather than imposing further costs on the plaintiff to simply have the case decided by a different Court
Saturday, July 20, 2019
The Magistrates Court took into consideration the long-standing tradition that takes place in feasts and the public safety in considering criminal charges
Saturday, July 13, 2019
While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that the medical procedure was carried out with the necessary skill and diligence of the best practices accepted by medical science
Saturday, July 6, 2019
A union cannot finalise an agreement with an employer without the explicit consent of the member
Saturday, June 29, 2019
The Tribunal said that evidence showed that the plaintiff’s deceased brother had a legal title and not the plaintiff, therefore it moved to turn down the application
Friday, June 28, 2019
The court found that despite being the age of 83, she was still entitled to damages for permanent disability caused while visiting her local bank in July 2016
Monday, June 17, 2019
Dr. Malcolm Mifsud elected as a member of the Financial Services Business Section, of the Chamber of Commerce as Director of Aegis Corporate Services Limited.
Friday, June 14, 2019
The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may be the residence of some of them
Friday, June 7, 2019
The evidence in this case showed that the minor child was brought up exclusively by the mother, while the father showed little interest in the child. His insistence to have joint care and custody of the child is more of a controlling manoeuvre than anything else
Friday, May 31, 2019
The Commission turned down the said application of an agricultural field situated outside the development zone of Marsascala after it held that the site was characterised by a multitude of illegalities
Friday, May 24, 2019
The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can claim
Friday, May 17, 2019
The court held that the fact that the couple were granted a banking facility in order to acquire the property meant that the spouses had a regular employment with remuneration and this further proved that the moneys were not a result of the crime committed
Friday, May 10, 2019
The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient.
Saturday, May 4, 2019
A supplier who failed to refund an order which was cancelled on the hope that his claim would be set off, was in fact committing a crime of arbitrary exercise of a pretended right
Friday, April 26, 2019
The Tribunal also disagreed with the Board of Governors that the application was valid. The Board of Governments disregarded the notion of a distinction of corporate personality. It is true that Aquilina had signed on behalf of the company when the emphyteusis was established, but he was not doing this in his personal capacity
Friday, April 19, 2019
Due to legal amendments that came into force in May 2018, words declared or published on social media with the aim of slandering a person cannot be considered a criminal offence for the purposes of the Media and Defamation Act
Friday, April 12, 2019
The Administrative Review Tribunal has held that the Police Commissioner cannot simply bar an ex-convict from obtaining a licence to provide the service of private guard or community officer
Friday, April 5, 2019
The Board said that due to articles in the Civil Code, the resident has the right to remain in the property for five years and there should be an increase in rent by double the amount. It ordered that the lease be terminated, however allowing the resident to remain on the premises for a term of five years
Friday, March 29, 2019
The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years and the possession must be as the owner
Friday, March 22, 2019
The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors
Friday, March 15, 2019
Mr Justice Chetcuti said that evidence produced by one party, which does not convince the Court, does not mean that that evidence is false
Friday, March 8, 2019
Judicial letters may be addressed to corporate structures, however, these must have a judicial personality
Friday, March 1, 2019
The Rent Regulation Board has ordered a tenant to pay for the repairs of a house following a fire after it was shown that he could have left the television on throughout the night and caused a short circuit.
Friday, February 22, 2019
A recent Appeals Court case determined that an employer may only dismiss an employee on the spot in limited cases
Friday, February 15, 2019
The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted
Friday, February 8, 2019
The Court indicated that although the Superintendence of Cultural Heritage has a separate judicial personality, it still has the characteristics of a government agency and forms part of the government structures
Friday, February 1, 2019
In the case of Police vs Keith Pace, the Court of Criminal Appeal declared that a judgement is null and void since the First Court failed to list the Articles of Law when it found an accused guilty of all the charges
Friday, January 25, 2019
The type of action does not need to be explicitly pointed out, however if the elements of that type of action exist, then it may be sufficient
Friday, January 11, 2019
The Magistrates’ Court may award damages limited to it the amount it is competent to award, even though the damages may be of a higher amount the Court of Appeal upheld
Friday, January 4, 2019
The Court of Appeal agreed with an employer who gave a warning an employee for liking the Facebook page of its competition
Friday, December 28, 2018
The Administrative Review Tribunal held that the Lands Authority has a right to refuse the request from a restaurant to place tables and chairs on the pavement regardless of the fact that only metres away other other catering establishments with table and chairs on the pavement
Friday, December 21, 2018
The fact that a testator has mental health issues at the time he draws up a will, does not mean that that will is null and void
Friday, December 14, 2018
The Family Court has issue a warrant not allowing a minor to travel due to a real fear that the father would take the child aboard without the consent of the mother
Friday, December 7, 2018
The right to the remedies created by law cease where the abuse of such rights begin... whoever acts in bad faith should be condemned to pay damages
Friday, November 30, 2018
The First Hall of the Civil Courts ordered man to pay damages after he participated in a fraud by issuing cheques which were not honoured
Friday, November 23, 2018
Mr Justice Anthony Ellul presiding over the Court of Appeal, held that an appeal in Bank of Valletta plc vs the Data Protection Commissioner and Malta Public Transport was null and void after it filed to ask it to revoke the first judgment
Friday, November 16, 2018
The Court concluded that once the damages were caused, the contractors who carried out the excavations were not competent in their job and therefore, should be responsible according to Article 1037 of the Civil Code
Friday, November 9, 2018
Parties to a contract are bound by the conditions they agree to when signing
Friday, November 2, 2018
A father can have joint custody of his son even if the mother and son live outside Malta
Friday, October 19, 2018
Partial deprivation of one’s interest in or right over his own property may still constitute a breach of the fundamental right of enjoyment of one’s own property
Friday, October 12, 2018
An alleged HIV infection took place in 2012, but the only test carried out by the Court’s expert was in 2016 so there was no sufficient evidence to support the victim’s claims
Friday, September 28, 2018
The First Hall of the Civil Courts agreed to rescind a contract after the consignment of goods was not delivered and reduced in another consignment
Friday, September 14, 2018
The Court of Criminal Appeal upheld an appeal lodged by former employers, claiming that it was unconvinced with the complainant’s version in her testimony
Friday, September 7, 2018
These persons were taking money directly from personal accounts of individuals who banked with Bank of Valletta. Mirica was defrauding the bank of over €5,000
Friday, August 31, 2018
The Court held that the Code does not make any reference to when the recess should take place, but merely makes references to the Rules of Court
Friday, August 24, 2018
In this case the Tribunal held that an employer’s failure to confirm whether an employee wished to resign, when the alleged intention has been disclosed to the employer by a third party, might give rise to a case of unfair dismissal
Friday, August 17, 2018
The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the burdens, leases and other rights whether real or personal, if any, to which the property is subject, as well as the last transfer of such property.
Friday, August 10, 2018
Usta was accused of operating a loud speaker, gramophone, amplifier etc and causing a nuisance to a neighbour. The Magistrates in July 2017 found the accused guilty of the charge and fined him €55. Usta appealed this judgement
Friday, August 3, 2018
The Court turned down the application to issue the warrant of prohibitory injunction against the PSC
Friday, July 27, 2018
This case was an appeal by the defendants who held that the decision taken by both the First Hall Civil Court as well as the Court of Appeal contained deficiencies both on the consideration of merits and procedure
Friday, July 27, 2018
The Director General has the responsibility to decide to revoke a pension and demand a refund of pensionable funds when the beneficiary of the pension has a capital sum of more than EUR 14,000 in his possession
Friday, July 13, 2018
The Civil Court held in its judgement that the driver who hit a pedestrian should still have used better judgment, even though she was blinded by the sun when the accident took place
Friday, July 6, 2018
The Court concluded that the only way by which the Authorities could be found to have abused their position and implemented an ultra vires decision, is if it was found that Directive 2/2005 either lacked transparency or proportionality
Monday, June 25, 2018
The Magistrate’s Court in Gozo ordered a carpenter to pay for the difference in price of replacement of doors, after it was established that bad workmanship was carried out
Friday, June 15, 2018
The Police had accused Khalifa, an owner of a business, with failing to pay the wages, overtime, vacation leave and notice period of his former employee Engin Turk.
Friday, June 8, 2018
The defendants filed a statement of defence and in it they claimed that the land was used according to how they agreed and with the applicant’s consent
Friday, June 1, 2018
Unless the evidence produced, and the charges brought correspond to what is on the charge sheet, then the Court is obliged to dismiss the claim
Friday, May 25, 2018
Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must be in good faith
Wednesday, May 23, 2018
The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et Vs Abela Fiorella, heard on the 30th of April 2018
Monday, May 14, 2018
The Court heard the facts presented by the parties, which explained that the two band clubs, both found in Hal Qormi, had created a contract in 1999 in order to regulate which marches could be played by the respective clubs
Friday, May 4, 2018
The Court, in looking at the evidence, commented on how the plaintiff had not been properly afforded the guarantee to legal representation when he was being questioned in the Police Station
Thursday, April 26, 2018
The Court ordered that a deposit paid on a promise of sale of a property be refunded not because of a breach of the agreement but because the agreement expired
Friday, April 20, 2018
The Court heard the counterclaim by the defendants who stated that the farm had been severely damaged by a storm and through no fault of their own
Friday, April 13, 2018
The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchange
Monday, April 9, 2018
Malta has served as an international centre for maritime and shipping industries since time immemorial. The passage of time proved that it has only gotten stronger in this sector, offering numerous benefits to all those involved in the maritime industry. Such benefits are evident when it comes to the social security regulations applicable to seafarers in Malta.
Friday, April 6, 2018
The Court explained that procedural criminal law has effective and immediate application, meaning that the procedures become effective even to proceedings that were ongoing before the new procedures were in place
Saturday, March 31, 2018
In the absence of DNA, declaration of the parents of a child could be sufficient to prove the paternity of a child
Friday, March 23, 2018
The plaintiff held that he had purchased a property on the island and had engaged a contractor to carry out scheduled works which were not completed on time
Friday, March 16, 2018
This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz tal-Ilma vs Ignazio Licari on the 5th March of 2018
Friday, March 9, 2018
Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to allow the abandoning of a surname in exchange for another
Friday, March 2, 2018
Plaintiff claimed that the administrative decision leading to the termination of his employment went against principles of natural justice
Friday, February 16, 2018
The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is to apply the best evidence rule and choose the more convincing valuation
Friday, February 9, 2018
The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that person to be held responsible
Friday, February 2, 2018
In their application V&C held that it is owed €49996.15 by Tlata Limited, which is a balance of a current account between the two companies and therefore, asked the court to order the defendant company to pay up
Friday, January 26, 2018
The Court does not need to try to interpret an agreement, when the wording is clear and will apply that clear wording. This was decided in De Tigne Limited -v- Cut Coiffeur Company Limited decided on 15 January 2017 by Madame Justice Jacqueline Padovani Grima.
Wednesday, January 24, 2018
The First Hall of the Civil Courts pointed out that the prescription period for compensation due to one partner for works carried out in the other partner’s property, commences when the former vacates the property and the relationship no longer exists. This was decided on 8 January 2018 in a judgement Emmanuel Balzan -v- Francelle Agius, delivered by Mr Justice Lawrence Mintoff.
Friday, January 12, 2018
Although a claim listed in an application may be unclear, other premises mentioned in the same application may throw light on what is being asked for. This was decided by the Small Claims Tribunal in Lorenz Ltd v Maria Addolorata Di Pasquale and Giovanni on 18 December 2017.
Friday, January 5, 2018
A bank guarantee is intended to allow comfort for the bank to be paid for a service given. This was held in a court judgement delivered by Mr Justice Joseph Micallef in Clarosa Hotels Limited v APS Bank Limited, Bank of Valletta for any interest it may have and Rosario Tabone and Claudia Spiteri Sacco.
Friday, December 29, 2017
The Court of Appeal ruled that even though there is a fixed price contract, if there is an extension of the service, then the contractor would be justified to make it more than that agreed.
Friday, December 22, 2017
A married couple are jointly responsible for damages caused to another property, if at the time, it formed part of their community of acquests, even though they subsequently separated. This was explained in a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah Frendo and Chaudreamani Sah -v- Paul Cremona and Olena Volodymyrivna Caurana Verbytska. The plaintiffs filed an application before the Small Claims Tribunal after claiming damages amounting to €3,366.67, which was caused by blocked drains, allowing rain water to enter their property.
Thursday, December 14, 2017
In Mark Muscat -v- HSBC Bank Malta plc, the First Hall of the Civil Courts held that when one alleges discrimination, then one must prove that there is a difference in how one is treated in the same or similar circumstances. This was held in a judgement delivered on 5 December 2015 by Mr Justice Silvio Meli.
Sunday, December 10, 2017
The First Hall of the Civil Court referred a case to the Rent Regulation Board after it decided that it was not competent to hear cases concerning rent issues even if the lease was terminated. This was a judgement delivered on 30 November 2017 by Madame Justice Lorraine Schembri Orland in Joseph Sammut v Liliana Jalil.
Friday, December 1, 2017
The Court awarded the full parental authority to a mother after it was shown that the father was disinterested in his child. This took place in a judgement delivered by Madame Justice Abigail Lofaro on 21 November 2017 in LB -v- Dr Christopher Chircop and PL L Tifigno for and on behalf of absent ADS.
Tuesday, November 21, 2017
Malta offers a wide range of schemes and programmes to those individuals opting to establish their permanent residence in its jurisdiction. The High Net Worth Individual Scheme, introduced in 2011, proved to be particularly attractive for those seeking to benefit from a special tax status in a country which suits their standard of living.
Friday, November 17, 2017
A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to reply has not run out. This was held in a judgement delivered by Mr Justice Robert Mangion in a family law dispute named AB -v- CB. The judgement was given on 31 October 2017.
Friday, November 10, 2017
If two parties are making claims on the same property, the plaintiff may be allowed to show the Court that he has a better title than that of the defendant. This was held by Mr Justice Azzopardi in a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary Deguara decided on 27 October 2017.
Friday, November 3, 2017
This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application Arnaud explained that his mother lived in a property in Valletta and he was given the key. However, when his mother died, his sister Salvina Abela changed the locks, not allowing him to enter. He asked the Court to order the defendant to allow him access and to allow him to change the lock.
Friday, October 27, 2017
This was held in GO plc v Margaret Camilleri, decided on 12th October, 2017, presided by Dr Anna Mallia. In the application, GO plc asked the Court to order the defendant, Margaret Camilleri to pay €700.30 for services provided. Camilleri replied to this claim that she had on a number of occasions informed the company that the service was not required any longer and asked for it to be disconnected.
Sunday, October 22, 2017
Mifsud & Mifsud Advocates together with Aegies Corporate Services teamed up to celebrate National Breast Cancer Awareness Month this October. In order to raise further awareness, all the team members decided to wear pink on the day.
Friday, October 20, 2017
This was held in a judgement delivered by Ms Justice Anna Felice on 10 October, 2017 in Arnold Joseph Grech and Doris Grech -v- Jimfard Company Limited, Muscat and Gatt Construction Limited and GAM Limited.
Friday, October 13, 2017
This was decided and delivered by Mr Justice Mark Chetcuti on 3 October, 2017, in Malta Towage Limited -v- Director of Fisheries. In the plaintiff company’s application, the company explained that it owns a vessel, the MV Ernest E. Pierce, which had a fishing licence which was valid from 15 May, 2015, to 4 May, 2016. On 15 June, 2015 the Director of Fisheries suspended the licence, because according to the defendant, the vessel was fishing beyond 12 nautical miles without the necessary authorisation and also it was alleged that the captain was not registered and licensed.
Monday, October 9, 2017
Outdated rent laws continue to disadvantage the property owners caught up in decades-old contracts – but, today, something can be done to challenge them. Jo Caruana talks to lawyers Malcolm and Cedric Mifsud, of Mifsud & Mifsud Advocates, to discover what landlords can hope to achieve.
Friday, October 6, 2017
The Court of Appeal, presided by Mr Justice Anthony Ellul, ruled that an agreement of payment should be honoured, even if the services rendered were not totally satisfactory. The judgement was delivered on 22 September, 2017 in Chris Tonna v James Borg and Stefan Borg.
Friday, September 29, 2017
When a tenant fails to perform maintenance, which leads to serious damage to the rented property, then the tenant may be evicted from that property. This was held by Magistrate Josette Demicoli, who presided the Rent Regulation Board sitting in Joseph and Frances Barbara -v- Maria Concetta Mifsud. The judgement was delivered on 15 September, 2017.
Friday, September 22, 2017
Magistrate’s Court held that it is not sufficient for harassment to stick if there is only one incident, there must be more than one. This was held in a court judgement, the Police -v- Tristan Tedesco, handed down by Magistrate Donatella Frendo Dimech on 8 August, 2017.
Thursday, September 14, 2017
The Magistrates Court in its criminal jurisdiction held that when a youth is being sentenced, the court must be careful to not criminalise that youth. This was decided by Magistrate Dr Joesph Mifsud in the police -v- Omissis (name not being published) decided on 2 September, 2017
Friday, September 8, 2017
The First Hall of the Civil Court turned down a request to issue a warrant of prohibitory injunction to block an eviction, when the court marshals had already changed the locks and deposited the keys in court. This was decided by Mr Justice Lawrence Mintoff in Cecil Herbet Jones -v- Charles and Mares Dolores Grech on 29 August, 2017.
Friday, September 1, 2017
A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour. This was decided by Magistrate Charmaine Galea on 21 August, 2017 in San Lawrenz Leisure Resort Limited and San Lawrenz Operators Limited -v- Waldemar Woyseth von Turow and his wife Halina Dunin-Woyseth von Turow.
Friday, August 25, 2017
The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted. This was a judgement delivered by Magistrate Dr Consuelo Scerri Herrera on 5 July, 2017 in Carmelo Cassar -v- Mario Zammit in his name and on behalf of Mario Auto Dealer.
Friday, August 18, 2017
A judgment is not null and void if the Court fails to mention all the articles of law in its conclusion, but are mentioned in other parts of the judgment. This was decided by Chief Justice Silvio Camilleri in the police -v- John Vella on 3 August, 2017.
Friday, August 11, 2017
The First Hall of the Civil Court on 2 August, 2017 ruled that if a garnishee order is filed according to law, then it should not be revoked. This was decided by Ms Justice Anna Felice in St George Edition Limited -v- Apassionata World GmbH, represented in Malta by Dr Adrian Camilleri.
Friday, August 4, 2017
In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment. This was decided by Magistrate Dr Gabrielle Vella in Blue Media Marketing Limited -v- Anton sive Claude Camilleri on 26 July, 2017.
Friday, July 28, 2017
A person who is being charged with a crime committed when holding a position in a company, must have this indicated in the charges brought again that person. This was held in a judgement handed down by Magistrate Joseph Mifsud on 5 July, 2017, in The Police -v- Anthony Zammit and Michael Zammit.
Friday, July 21, 2017
The Administrative Review Tribunal turned down a plea from the Ministry of Education that judicial acts should be filed before actions are filed with the Tribunal. This was decided on 6 July, 2017 by Magistrate Charmaine Galea, Dr David Fabri and Dr Antoine Naudi in Vincent Carabott -v- Ministry of Education and the Teachers Professional Council.
Friday, July 14, 2017
A magistrate’s court held on 27th June, 2017 that a statement given to the police which was not corroborated by any other evidence in court was tantamount to hearsay evidence. This was held in a criminal court case Police vs Caruso Massimo and Pace Emmanuel presided by Magistrate Consuelo Scerri Herrera.
Friday, July 7, 2017
When the Maltese Parliament transposes a Directive in the Enforcement of Intellectual Property Rights (Regulation) Act, its application must be in conformity with the Maltese law. This was held by Mr Justice Mark Chetcuti on 26 June, 2017 in Dr Luigi Sansone as special mandatory of United States Polo Association -v- Corporate Trading Limited.
Tuesday, July 4, 2017
Immigration and citizenship have evolved in Malta since it became independent in 1964. The Maltese government throughout the years has introduced various schemes on immigration with the main aim of attracting investment or high net worth individuals to Malta. More often than not the purchase or renting of property have been included in these schemes to give an obvious boost to the construction industry in Malta. In 2014 a new scheme was introduced for the acquisition of citizenship, the Individual Investor Programme (IIP), which has undergone a rough passage into Maltese legislation; however, today it enjoys the approval of the European Commission.
Friday, June 30, 2017
Appeals of Small Claims Tribunal are limited to points of law. This was held by the Court of Appeal on 16 June, 2017 in Fogg Insurance Agencies Ltd noe v Local Council, Luqa et. In their application, Fogg Insurance had filed an action against the local council claiming payment of €491.76 following damages sustained by a vehicle due to a pothole. The council contested the claim and argued that the accident took place in a road which is the responsibility of Transport Malta.
Friday, June 23, 2017
The First Hall of the Civil Courts, in its constitutional jurisdiction, held that the legislation concerning workers handling asbestos was not sufficient to protect them and as a result was a breach to their right to life. This was decided on 14 June, 2017 in Maria Rosaria Fenech v Principal Medical Government Officer and the Attorney General.
Friday, June 16, 2017
A court turned down an action which was instituted after a 20-day period stipulated by Article 466 of the Code of Organisation and Civil Procedure. This was decided by Mr Justice Lawrence Mintoff in ARMS Limited -v- Uddin Hallim on 2 June, 2017.
Thursday, June 15, 2017
Dr Malcolm Mifsud, co-founding partner of Mifsud & Mifsud Advocates, was elected a board member of World Link for Law in New York. WLL is a leading network of international law firms, comprising teams of international lawyers. Established as Euro-Link for Lawyers in the 1980s, it now has a network of 70 law firms with 80 offices in 47 countries.
Friday, June 9, 2017
The fact that one gas distributor also filled the gas cylinders of competitors caused confusion to consumers and therefore constituted unfair competition. This was decided by Mr Justice Mark Chetcuti in a judgement in Liquigas Malta Limited -v- William Mifsud, Jason Mifsud and Easygas Malta Limited.
Friday, June 2, 2017
It is not sufficient for a witness to simply testify on a document if it is not produced in court. This was held by the First Hall of the Civil Courts in Farsons Beverage Imports Company Limited -v- Marco Aquilina, Cocktails Limited and Carisma Limited, by Mr Justice Lawrence Mintoff on 22 May, 2017.
Friday, May 26, 2017
The First Hall of the Civil Court ruled that for prescription to be interrupted a defendant must be notified of the judicial act, which must not simply be filed in court. This was held in a judgment handed down on 16 May, 2017 by Mr Justice Joseph R. Micallef in a case Inna Said -v- Massimo Bonello, Alberto Sammut and Motor Insurance Pool.
Friday, May 19, 2017
Employers are bound to ensure safety on the workplace, the Court of Appeal said in its recent judgement of 28 April, 2017 in the names Joseph Seychell et v. the Commander of the Armed Forces of Malta. The accident which gave rise to this case happened on 2 April, 2003.
Friday, May 12, 2017
The act of a widow taking over the lease of a butcher shop does not constitute a sublease. This was decided by Magistrate Joanne Vella Cuschieri on 2 May, 2017 in Victoria Attard -v- Giorgia Mercieca and Angela Mercieca.
Friday, May 5, 2017
The First Hall of the Civil Court decided on 26 April, 2017 that any property used under or above an immovable property belongs to the owner. The judgment was delivered by Mr Justice Joseph Azzopardi in John Cachia and his wife Maria Cachia v Emmdor Limited, Emmanuel Vassallo and Mary Vassallo.
Friday, April 28, 2017
Services rendered to an aunt by her niece are to be compensated for, even if small amounts of payment were already made by the latter to cover certain expenses. This was decided by Judge Joseph R. Micallef on the 11th April 2017 in Mary Briffa vs. Consiglia Abdilla.
Wednesday, April 26, 2017
Considering the publication on 11/03/2017 of French Decree 2017-307 of 09/03/2017, here are a few points for which Malta can be a solution to the issues raised by that Decree. In short, the French Decree imposes the affiliation to the French social security system, ONLY for French resident (not nationals) crewmembers working on yachts not covered by EU legislation or an international social security agreement.
Friday, April 21, 2017
The Maltese Court may have jurisdiction to hear and decide cases where the parties have signed a contract which indicates another country to have judicial jurisdiction.
Wednesday, April 19, 2017
Dr Malcolm Mifsud, has been elected on the Financial Services Executive Committee of the Chamber of Commerce, Enterprise and Industry. This committee is an influential body within the Chamber of Commerce that assist companies and other entities that work in the financial services sector to share ideas on how the financial services industry in Malta can continue to grow and is an important lobby with the Government.
Friday, April 14, 2017
Works carried by one of two warring bar owners constituted spoliation of the other bar owner. This was decided by Magistrate Joanne Vella Cuschieri on 4 April 2017 in Kenneth Grech v Pubblius Buttigieg. In his application, Kenneth Grech told the Court that he runs Royal Lady Bar in Mgarr and the defendant runs the bar next door to him. Grech accused Buttigieg of placing concrete on the pavement in front of his car. Grech held that this constitutes spoliation.
Friday, April 7, 2017
The First Hall of the Civil Court held that joint liability of two debtors has to be proved and not presumed. This was one of the points of law which was decided upon in a judgement delivered by Mr Justice Lawrence Mintoff, in Bonavia Properties Limited -v- Maria Helga Muscat Groelz and Raymond Abela.
Friday, March 31, 2017
The Court of Appeal on 21 March 2017 held that an email message saying that the debtor will process a payment is sufficient to interrupt prescription. This was held in a judgment in MM Workshop Ltd v Civil Protection Department delivered by Mr. Justice Anthony Ellul.
Friday, March 24, 2017
The First Hall of the Civil Court in its judgement (application number 1057/2013) of 14 March, 2017 held that it was not the competent Court to revoke a 1981 adoption. This was held in a court case presided by Mr Justice Silvio Meli, between a son and his natural and adoptive parents and the Director of Public Registry.
Friday, March 17, 2017
On the 16th February, 2017, Mr Justice Joseph R. Micallef in Lidl Immobiliare Malta Limited vs. Mifsud et noe held that the changes in the traffic system carried out by the council of Sta Venera were not ultra vires, despite complaints raised by the establishment of Lidl Immobiliare Malta Limited.
Friday, March 10, 2017
This was held by Ms Justice Lorraine Schembri Orland presiding at the First Hall Civil Court in the judgement Paul Farrugia et v. Gordon Calleja decided on 28 February 2017. This case was filed by Paul and Maria Lourdes spouses Farrugia against Gordon Calleja who owns the property situated adjacent to their garden. Mr Calleja had extended his property by building a room on his airspace and installed a window in the corner of one of the walls of this room which directly overlooked the property of spouses Farrugia.
Friday, March 3, 2017
An application for a retrial was turned down because the applicant failed to prove that he was not notified of proceedings. This was decided by Magistrate Gabriella Vella in Angelo Aquilina -v- Eurofreight Services Limited on 20 February, 2017.
Friday, February 24, 2017
The First Hall of the Civil Court ruled that for two competing identical trademarks to be confusing they must feature predominantly and the plaintiff must prove that the use of the two will cause confusion. This was decided on 14 February, 2017 by Mr Justice Mark Chetcuti in Y Plan Events Ltd v Wow Ltd, Andrew Selvagi v Martina Selvagi
Friday, February 17, 2017
On the 7th February 2017, Magistrate Joanne Vella Cuschieri in the case Camilleri vs. Azzopardi et held that a co-owner possessing property adjacent to the land commonly owned with other parties, may demand such part of the latter property as is adjacent to the property already owned by him upon division of the property between them.
Friday, February 10, 2017
The Court of Magistrates (Malta) as a Court of Criminal Judicature in a judgement delivered by Magistrate Dr. Joseph Mifsud on the 1st February 2017 in the names Pulizija v. Giovanni Francesco Selvaggi analysed the elements which need to subsist in order for a person to be found guilty of the offence of judicial perjury
Friday, February 3, 2017
The Administrative Review Tribunal decided that decisions on applications for mini-van licences must be notified to the applicants and not sent to their lawyer. This was held in Josef Borg v Awtorita’ ghat-Trasport f’Malta on 23 January, 2014, presided by Magistrate Charmaine Galea.
Friday, January 27, 2017
The First Hall of the Civil Court is competent to decide on all civil matters that are raised before it, unless expressly excluded by law. This was held by Mr Justice Mark Chetcuti on 16 January, 2017 in Emanuel and Carmen Falzon v Rita Dalmas.
Friday, January 20, 2017
The First Hall of the Civil Court held that the tenant of any rented property has a legal obligation to take care of that property, as a father takes care of his family, and is to pay for all damages caused. This was decided by Ms Justice Anna Felice on 10 January, 2017 in Eman Pace -v- Daham Al Hamad.
Friday, January 13, 2017
A Court presided by Magistrate Marse-Ann Farrugia held that the defects found in a second-hand car must have been known to the buyer when he bought the car and as a result the sale was valid. This was decided on 14 December, 2016 in Emanuel Cassar -v- Stephen Farrugia.
Friday, January 6, 2017
The Court of Appeal held that from the evidence produced and the agreements signed, a former shareholder had correctly paid a bank loan, although he believed he should not have. This was decided by Mr Justice Anthony Ellul in Patrick Cutajar -v- Mario Vella on 16 December, 2016.
Friday, December 30, 2016
Qualification from a foreign university must match the local and EU regulations for one to be granted a professional warrant. This was explained in a judgement delivered on 16 December, 2016 by the Administrative Review Tribunal presided by Magistrate Dr Charmaine Galea, and Engineers Raymond Vassallo and Norman Zammit in a case Alfred Buttigieg -v- Professional Engineers Board.
Friday, December 23, 2016
An insurance company may only claim against a policy holder for damages it paid out if the policy holder is in breach of its insurance policy. This was held by the Court of Appeal, presided by Mr Justice Anthony Ellul, on 14 December, 2016 in Gasan Mamo Insurance Limited -v- Pierre Carabott and Gilmore Cachia.
Friday, December 16, 2016
A Court held in a judgement that in order for someone to claim a right of property, there must be strong evidence to back the claim. This was decided in a judgement handed down on 7 December, 2016, in Lawrence and Maria Dolores Gauci -v- the Director General of Lands and the Commissioner of Lands and the Joint Office.
Friday, December 2, 2016
The First Hall of the Civil Court decided that once parties to a legal action have concluded their differences in a contract, the court case can become futile. This was decided by Mr Justice Mark Chetcuti in Bernardette Licari -v- Carmel Attard, Joy Attard and Benjamin Rizzo as liquidator of Denelir Properties Limited on 21 November, 2016.
Friday, November 25, 2016
The Magistrates Court in its Superior Jurisdiction in Gozo ruled that a damages case relating to the construction of a cemetery is Nadur, should have been filed against the parish and not against the parish priest. This was decided by Magistrate Joanne Cuschieri on 15 November, 2016 in Martin Camilleri et -v- Rev Archpriest Jimmy Xerri and Victor Guzman.
Friday, November 18, 2016
The First Hall of the Civil Court held that the plaintiff in a damages lawsuit must prove that the defendant is legally responsible for the accident that occurred. This was held in Louis and Maryanne Bonavia v John Bonello, Nicola Gambino and Atlas Insurance PCC Ltd, decided on 8 November, 2016 by Mr Justice Silvio Meli.
Friday, November 11, 2016
The Court of Appeal ruled that a contractor must be paid for extra works carried out. This was held on 31 October, 2016 in Saviour Camilleri v Joseph Falzon et.
Friday, November 4, 2016
Mr Justice Joseph R. Micallef in the case Steel Projects Limited - vs - Avantgarde Projects Limited, found on October 25, 2016, the defendant liable to pay the sum of €71,521.70 to the plaintiff. This was due to the latter for works sub-contracted to it by the defendant company.
Friday, October 28, 2016
When a court stays the proceedings of a case, this must be done for very good reasons, because a case should start and end. This was decided on 19 October, 2016 in Carmelo Stivala Group Limited -v- Maria Carmela sive Marlene Borg et.
Friday, October 21, 2016
The First Hall of the Civil Court accepted a plea by a defendant company to allow into suit the previous owners of a property, because they could have an interest in the action. This was decided in a judgment delivered on 10 October, 2016, by Ms Justice Anna Felice in a case Joseph Zammit and his wife Jeanette Zammit Gia Caruana -v- Central Mediterranean Development Corporation Limited.
Friday, October 14, 2016
A full and final settlement may not necessarily be so and depends on the circumstances of the case. This was decided by Mr Justice Mark Chetcuti in Maria Stella Calleja -v- Brian Degiorgio on 5 October, 2016.
Friday, October 7, 2016
The First Hall of the Civil Court held in its judgement of 26 September, 2016, in Marica Mizzi -v- Dr Joseph Muscat, Prime Minister, and Mario Cutajar, Principal Permanent Secretary within the Office of the Prime Minister, that where a contract is clear, it need not be interpreted.
Friday, September 30, 2016
The First Hall of the Civil Court upheld a warrant of prohibitory injunction requested by one company against another, since it proved that it had all the legal requisites to block the transfer of a pharmacy licence it was to purchase. This was decided in Labomed Limited -v- Superintendent of Public Health on 15 September, 2016 by Mr Justice Silvio Meli.
Friday, September 16, 2016
In a bid to protect a minority shareholder, the First Hall of the Civil Courts ordered that a new director be appointed on the board of directors. This was decided in Av. Jonathan Abela Fiorentino as special mandatory of Marsoft International AS -v- Vroon Containers BV and Balticmax Holding Company Limited on 2 September 2016 by Mr Justice Joseph Zammit McKeon.
Friday, September 9, 2016
The Court of Appeal in its Inferior Jurisdiction on 29 July, 2016 overturned a decision of the Small Claims Tribunal in the case Baldacchino et noe vs Ellul. In the appeal judgement the latter was ordered to pay the sum due to Baldacchino Aluminium Works for works carried out in his place, despite claims that the works were not carried out in terms of the required skill, art and profession.
Friday, September 2, 2016
Mr Justice Joseph R. Micallef in his judgment Spillane – vs – Gatt of 4th August, 2016, found the defendant responsible for paying damages together with the difference in price of the total amount paid by Spillane for an apartment. This is because the apartment sold by Gatt to Spillane suffered from latent defects at the time when the contract was concluded.
Wednesday, August 24, 2016
The Magistrates Court, presided by Magistrate Dr Joseph Mifsud, explained in his judgement delivered on 17 August 2016 in Il-Pulizija v Eebis Getu, that the charges of a false criminal report and calumnious accusations may be factually similar, however, from a legal point of view they are two separate and distinct charges.
Friday, August 19, 2016
A Court in a judgment delivered on 15th July, 2016, agreed with the judgment of the Court of Magistrates delivered on 18th June, 2014, in which it ordered Mary Gauci to pay the sum of €10,699.09 for promotional services carried out by Media Today Co. Ltd, despite claims that she was merely acting on behalf of and in representation of another company, Libertas Malta.
Monday, August 15, 2016
The Magistrates Court in Gozo found Victor Camilleri guilty of fraud, misappropriation and falsification after it analysed in details the elements of each of the charges brought against him. Magistrate Dr Joseph Mifsud delivered his judgement on 21 July 2016 in Pulizija v Victor Camilleri.
Friday, July 29, 2016
The Court held that no new evidence can be produced at the submissions stage of a lawsuit. This was pointed out in a judgement delivered by Mr Justice Joseph Zammit McKeon in Martin Cassano -v- Alessandro sive Sandro Cassano on 14 July 2016.
Friday, July 22, 2016
On 27 May, 2016, the Court of Appeal confirmed the decision of the First Hall Civil Court in Granata -vs- Commissioner of Lands. The Court held that the plaintiff did not have a right to an action of spoliation in this particular case, although the locks of the boathouse, which she used to enjoy on lease, were removed and changed against the plaintiff’s will, depriving her of its possession and enjoyment.
Friday, July 15, 2016
The Rent Regulated Board presided by Magistrate Dr Monica Vella held that a property which is complimentary to the principle place of business cannot be deemed to be not in use. This was held in Adelaide Ellul et –v- Alfred and Josephine Cassar on 16 June 2016.
Saturday, July 9, 2016
The Constitutional Court composed on the Chief Justice, Silvio Camilleri and the Justices Giannino Caruana Demajo and Noel Cuschieri turned down an appeal from a partial judgement since it was filed beyond the obligatory 20 days. This was held in on 27 May 2016 Dr Cedric Mifsud and Dr Michael Camilleri as special mandatories of Nazzareno Bezzina, Joseph Bezzina, Catherine Avero, George Bezzina, Angelo Bezzina heirs of the Bartolomeo and Giuseppa Bezzina –v- Andrew and Theresa sive Azzopardi.
Friday, July 8, 2016
In Mary Buttigieg et -vs- John Polidano et delivered on 27 May, 2016, the Court of Appeal overturned the decision of the First Hall of the Civil Court and held that when damages are caused to an adjacent tenement due to demolition works, then the contractor, the architect and the owner of the tenement in which works are being carried out are to be held jointly and severally liable.
Friday, June 24, 2016
A Magistrate’s Court in Gozo allowed that a child’s surname be changed in order to reflect those of the parents. In was decided in Yunis Alex Tramboo and his wife Christabel Tramboo Galea -v- Director of Public Registry in Gozo by Magistrate Joanne Vella Cuschieri on 14 June, 2016.
Friday, June 17, 2016
A Court revoked an enforcement decree after it was discovered that the decree was issued before the subject of the decree was notified correctly. This was decided in a judgement delivered by Mr Justice Lawrence Mintoff on 6 June, 2016 in Ricky Alan Reeves -v- Inland Revenue Commissioner.
Thursday, June 2, 2016
The First Hall of the Civil Hall did not allow plaintiffs to act as administrators of a vacant inheritance, since they did not follow the correct procedure laid down in the law. This was held in a judgement delivered on 25 May 2016 by Mr Justice Joseph Azzopardi in Paul Vella bhala Kuratur tal-eredita gjacenti ta’ Maria Calleja l-Avukt Dottor Karmenu Mifsud Bonnici bhala amministratur tal-eredita ta’ Tommaso u Concetta Cilia -v- Beatrice Cantania, Anton Cantania u Andre Catania.
Thursday, May 26, 2016
The First Hall of the Civil Court in its Constitutional jurisdiction turned down a plea that the applicant should first exhaust all its remedies before going before the constitutional court, since the complaint is 50 years old. This was held in Philip Cauchi, Joseph Cauchi, Margaret Gatt, Mary Frendo, Mary Rose Bugeja, Oreste Cauchi, Doris Caruana f’isimha propju u bhala prokuratrici ta’ l-assenti. Maria armla ta’ Filippu Cilia u Kummissarju ta’ l-Artijiet decided on 17 May 2016.
Thursday, May 19, 2016
The Magistrates’ Court held in a criminal case that for harassment to succeed the prosecution have to prove that the victim has to suffer more than one incident from the same perpetrators. This was decided on 9 May 2016 by Magistrate Natasha Galea Sciberras in a case against two youths, whose names have been banned. They were both charged with harassing and attacking another youth and causing damages to a car.
Thursday, April 7, 2016
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Thursday, March 31, 2016
The First Hall of the Civil Court on 22 March, 2016 in John sive Juanito Pullicino –v- Carm Lino Scerri, laid down that a co-owner may force another co-owner to pay his share of work in a property owned jointly, as long as these works are urgent and necessary.
Monday, March 28, 2016
The First Hall of the Civil Court on 15 March 2016, delivered a judgement in Paul Lungaro -v- Salvino Lungaro. Mr Justice Lawrence Mintoff held that if a co-owner of a business excludes another, then that co-owner is liable for damages. In his writ of summons presented on 6 October, 1995, Paul Lungaro explained that the defendant is his brother. His father, who operated the hospital canteen at St Luke Hospital, died without a will in January, 1969. Upon their father’s death, the operation of the canteen was taken over by the defendant and another brother, Anthony. The lease of the canteen was held by the mother, who died in May 1986.
Thursday, March 17, 2016
The Magistrates’ Court in Gozo, presided by Magistrate Dr Joanne Vella Cuschieri in Kenneth Cutajar -v- brothers Lawrence Attard, Joseph Attard, Mariano Attard and George Attard, and siblings Joseph Sultana, Rose Sultana and Gilbert Sultana, held that the court was unable to accept the claim that spoliation took place, because the person who carried out this spoliation could not be identified
Thursday, March 10, 2016
A government department’s decision not to divulge information to persons being investigated is not sufficient to justify a judicial review by the court. A court may delve into a government department’s decision and not into preparatory measures. This was decided on 2 March, 2016 by Mr Justice Mark Chetcuti in John Grech and his wife Maria Carmela Grech –v- the Commissioner of Inland Revenue.
Thursday, March 3, 2016
The First Hall of the Civil Courts held in its judgement of 24 February, 2016 in Gordon and Charlene Farrugia –v- Aldo Farrugia, that if one is to interpret a contract one sees the wording of that contract and not other evidence that may be produced.
Thursday, February 25, 2016
If a plaintiff is unsuccessful in proving a ground invoked in liquidation proceedings, the court cannot presume that there are other grounds. This was decided in a judgement delivered by Mr Justice Joseph Zammit McKeon on 16 February, 2016 in The Catering Centre Limited -v- Entertainment Limited.
Friday, October 9, 2015
The Court of Appeal presided by Mr Justice Anthony Ellul held that the appeal lodged against an arbitration award was null and void as the grounds of appeal were not points f law. This was decided on 17 June 2016 in Euroshops Limited u Maurice Gruppetta –v- Attard & Co (Industrial) Limited.
Monday, January 6, 2014
Mr Justice Lino Farrugia Sacco on 16 December 2013 decided in the lawsuit between Patricia Degiorgio –v- Ramel u Zrar Limited that a promise of sale agreement may not be enforceable if one or more of the conditions listed in the agreement cannot be met.
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