Civil Law Late shipment leads to revocation of contract The First Hall of the Civil Courts agreed to rescind a contract after the consignment of goods was not delivered and reduced in another consignmentMalcolm MifsudSeptember 28, 2018
Civil LawProcedural Law Carpenter has to pay for difference of prices for replacement works The Magistrate’s Court in Gozo ordered a carpenter to pay for the difference in price of replacement of doors, after it was established that bad…Malcolm MifsudJune 25, 2018
Civil Law When parties create a contract written part of agreement The Court heard the facts presented by the parties, which explained that the two band clubs, both found in Hal Qormi, had created a contract…Malcolm MifsudMay 14, 2018
Civil Law Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained The Court heard the counterclaim by the defendants who stated that the farm had been severely damaged by a storm and through no fault of…Malcolm MifsudApril 20, 2018
Civil Law Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant Plaintiffs’ plea was rejected, with an order to pay all costs, in a hearing on the 12th of March concerning the filing of a case…Malcolm MifsudMarch 23, 2018
Administrative LawCivil Law Court requires ‘best proof’ of the contestation of a debt alleged by a government authority This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz tal-Ilma vs Ignazio…Malcolm MifsudMarch 16, 2018
Civil LawConstitutional Law Maltese Law which precluded legal assistance during police interrogation deemed a breach of human right to fair hearing Brian Vella was arrested under suspicion of his involvement in crimes relating to drug trafficking. This was decided by the Civil Court First Hall in…Mifsud & Mifsud AdvocatesFebruary 23, 2018
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
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