Civil LawProperty Law Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property 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…Malcolm MifsudOctober 18, 2019
Civil LawConstitutional Law Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them.Malcolm MifsudOctober 11, 2019
Civil LawProperty Law Co-owners may force a sale of common property The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement.Malcolm MifsudOctober 4, 2019
Civil LawProcedural Law Garnishee order must be issued by court competent to take cognizance of the matter 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…Malcolm MifsudSeptember 27, 2019
Civil Law POAs: Mandators cannot escape liability if they cannot read Maltese or English A person who accepts another as their mandatory through a power of attorney agreement cannot escape liability by stating that they were not aware of…Malcolm MifsudSeptember 20, 2019
Criminal Law Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion 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…Malcolm MifsudSeptember 16, 2019
Criminal Law An obvious falsification of a document is not a crime 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…Malcolm MifsudAugust 30, 2019
Family Law Abduction cases against parent based on UN Convention procedurally defective The Convention on the Rights of the Child only pertains to States, and not individualsMalcolm MifsudAugust 12, 2019
Administrative Law Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website 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,…Malcolm MifsudAugust 2, 2019
Civil LawProcedural Law A right not falling precisely within original claim may be decided upon by Courts 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…Malcolm MifsudJuly 26, 2019