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
Civil Law Court is limited to its competency The Magistrates’ Court may award damages limited to it the amount it is competent to award, even though the damages may be of a higher…Malcolm MifsudJanuary 11, 2019
Civil Law Persons who have mental health issues still have the right to draw a will The fact that a testator has mental health issues at the time he draws up a will, does not mean that that will is null…Malcolm MifsudDecember 21, 2018
Civil Law Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously The right to the remedies created by law cease where the abuse of such rights begin... whoever acts in bad faith should be condemned to…Malcolm MifsudDecember 7, 2018
Civil Law Person responsible for damages due to bounced cheques The First Hall of the Civil Courts ordered man to pay damages after he participated in a fraud by issuing cheques which were not honoured.…Malcolm MifsudNovember 30, 2018
Civil LawProperty Law Court awards damages following works in adjacent property The Court concluded that once the damages were caused, the contractors who carried out the excavations were not competent in their job and therefore, should…Malcolm MifsudNovember 16, 2018