Civil Law Disability caused by medical procedures places onus of proof on professional While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that…Malcolm MifsudJuly 13, 2019
Civil Law Pensioners can be awarded damages for permanent disability Notwithstanding that a person is 83 years old, she is still entitled to damages for permanent disability caused and the court may carry out the…Malcolm MifsudJune 28, 2019
Civil LawProperty Law Co-owners may be given the keys of the common property The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may…Malcolm MifsudJune 14, 2019
Civil Law Agricultural lease is terminated due to illegal construction The defendants filed a statement of defence and in it they claimed that the land was used according to how they agreed and with the…Malcolm MifsudJune 8, 2019
Civil LawProperty Law Legatee must request the release of the property from the heirs in solidum Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property. The First Hall…Malcolm MifsudMay 31, 2019
Civil Law If you broke your leg 50 years ago, tell your medical insurance provider The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can…Malcolm MifsudMay 24, 2019
Civil LawCommercial LawCompany Law Agreement deemed not fraudulent in view of solvency of debtor The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors.Malcolm MifsudMarch 22, 2019
Civil Law Judicial letters must be addressed to corporate structures with judicial personalities Judicial letters may be addressed to corporate structures, however, these must have a judicial personalityMalcolm MifsudMarch 8, 2019
Civil Law Court does not accept clauses that hide an elevated interest rate on loan The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted.Malcolm MifsudFebruary 15, 2019
Civil LawProperty Law Elements of an action sufficient for that action to be sustained The type of action does not need to be explicitly pointed out, however if the elements of that type of action exist, then it may…Malcolm MifsudJanuary 25, 2019