Property Law Stay of proceedings is an extraordinary measure 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…Malcolm MifsudOctober 28, 2016
Civil LawProperty Law Anyone who may have an interest may be called into suit 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…Malcolm MifsudOctober 21, 2016
Civil LawProperty Law When a settlement is not full and final 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…Malcolm MifsudOctober 14, 2016
Civil LawEmployment Law What is clear does not need any interpretation 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…Malcolm MifsudOctober 7, 2016
Civil LawCompany Law Company blocks transfer of licence to competitor 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…Malcolm MifsudSeptember 30, 2016
Company Law Court protects shareholder by appointing a director on company board 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…Malcolm MifsudSeptember 16, 2016
Civil Law Small Claims Tribunal decision overturned 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…Malcolm MifsudSeptember 9, 2016
Property Law Seller has to pay for latent defects Mr Justice Joseph R. Micallef in his judgement Spillane – vs – Gatt of 4th August, 2016, found the defendant responsible for paying damages together…Malcolm MifsudSeptember 2, 2016
Civil LawCommercial Law When buyer discovers defect, he must take legal action within six months 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…Malcolm MifsudAugust 25, 2016
Criminal Law False criminal report and calumnious accusations are separate offenses 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…Malcolm MifsudAugust 24, 2016