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
Civil LawProperty Law The repossession of a property must be clearly mentioned as an action of spoliation 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…Malcolm MifsudNovember 3, 2017
Consumer Law When a customer tells a service provider to stop, it means stop 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…Malcolm MifsudOctober 27, 2017
Procedural Law When one plea may cancel another 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…Malcolm MifsudOctober 20, 2017
Civil Law Judicial review proceedings must commence within six months 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…Malcolm MifsudOctober 13, 2017
Commercial Law An agreement must be kept, come what may 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…Malcolm MifsudOctober 6, 2017
Property Law Serious lack of maintenance of rented premises may bring about eviction 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.…Malcolm MifsudSeptember 29, 2017
Criminal Law Harassment takes place when there is a multitude of incidents 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…Malcolm MifsudSeptember 22, 2017
Criminal Law Sentencing an under-aged person must be done with care 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.…Malcolm MifsudSeptember 14, 2017
Constitutional LawProcedural LawProperty Law Eviction cannot be blocked by the Court, if it has already been carried out 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…Malcolm MifsudSeptember 8, 2017