Civil Law If there is no fraud, the best evidence rule should apply on the quantum of a claim 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…Malcolm MifsudFebruary 16, 2018
Property Law Knowledge of spoliation is sufficient 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…Malcolm MifsudFebruary 9, 2018
Civil LawCommercial Law A hint of acceptance of a debt interrupts prescription 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…Malcolm MifsudFebruary 2, 2018
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