Civil Law Prescription period for compensation of works between parts, commences upon split The First Hall of the Civil Courts pointed out that the prescription period for compensation due to one partner for works carried out in the…Malcolm MifsudJanuary 24, 2018
Civil Law Unclear claims may be deduced from premises Although a claim listed in an application may be unclear, other premises mentioned in the same application may throw light on what is being asked…Malcolm MifsudJanuary 12, 2018
Civil Law Couple responsible for damages irrespective of subsequent separation A married couple are jointly responsible for damages caused to another property, if at the time, it formed part of their community of acquests, even…Malcolm MifsudDecember 22, 2017
Civil Law Period of prescription may be interrupted even after it elapses The facts of the case of Joginder Singh Dhingsa v Anthony Grech et. revolved around a sum of money amounting to €34,250. This was held by…Mifsud & Mifsud AdvocatesNovember 24, 2017
Civil LawFamily LawProcedural Law Party cannot be in default if time period within which to reply has not elapsed A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to…Malcolm MifsudNovember 17, 2017
Civil LawProperty Law The repossession of a property must be clearly mentioned as an action of spoliation This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application…Malcolm MifsudNovember 3, 2017
Civil Law Judicial review proceedings must commence within six months This was decided and delivered by Mr Justice Mark Chetcuti on 3 October, 2017, in Malta Towage Limited -v- Director of Fisheries. In the plaintiff…Malcolm MifsudOctober 13, 2017
Civil Law No revocation of garnishee order if filed correctly The First Hall of the Civil Court on 2 August, 2017 ruled that if a garnishee order is filed according to law, then it should…Malcolm MifsudAugust 11, 2017
Civil LawProcedural Law Actions must be filed within the prescribed time A court turned down an action which was instituted after a 20-day period stipulated by Article 466 of the Code of Organisation and Civil Procedure.…Malcolm MifsudJune 16, 2017
Civil LawCompany LawData Protection Law Confusion in products is unfair competition The fact that one gas distributor also filled the gas cylinders of competitors caused confusion to consumers and therefore constituted unfair competition. This was decided…Malcolm MifsudJune 9, 2017