Civil LawProperty Law No need of interpretation when the wording of a contract is clear 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…Malcolm MifsudJanuary 26, 2018
Civil Law Prescription period for compensation of works between parts, commences upon split 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…Malcolm MifsudJanuary 24, 2018
Civil Law Unclear claims may be deduced from premises 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…Malcolm MifsudJanuary 12, 2018
Arbitration Law Extension of contract means an increase in payment 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…Malcolm MifsudDecember 29, 2017
Civil Law Couple responsible for damages irrespective of subsequent separation 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…Malcolm MifsudDecember 22, 2017
Employment Law Discrimination is the difference in treatment of the same situation 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…Malcolm MifsudDecember 14, 2017
Property Law Rent Regulation Board, not the courts, is competent to hear all cases concerning rent 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…Malcolm MifsudDecember 10, 2017
Family Law Court removes parental authority from disinterested father 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…Malcolm MifsudDecember 1, 2017
Civil LawFamily LawProcedural Law Party cannot be in default if time period within which to reply has not elapsed 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…Malcolm MifsudNovember 17, 2017
Property Law Parties may compete with different titles over the same properties 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…Malcolm MifsudNovember 10, 2017