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
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