Civil LawCompany Law Company blocks transfer of licence to competitor The First Hall of the Civil Court upheld a warrant of prohibitory injunction requested by one company against another, since it proved that it had…MMA EditorSeptember 30, 2016
Civil Law Small Claims Tribunal decision overturned The Court of Appeal in its Inferior Jurisdiction on 29 July, 2016 overturned a decision of the Small Claims Tribunal in the case Baldacchino et…Marthese HiliSeptember 9, 2016
Civil LawCommercial Law When buyer discovers defect, he must take legal action within six months The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted. This…MMA EditorAugust 25, 2016
Civil LawProcedural Law Evidence cannot be produced in submissions The Court held that no new evidence can be produced at the submissions stage of a lawsuit. This was pointed out in a judgement delivered…Marthese HiliJuly 29, 2016
Civil LawProperty Law An action of spoliation is one of public order On 27 May, 2016, the Court of Appeal confirmed the decision of the First Hall Civil Court in Granata -vs- Commissioner of Lands. The Court…MMA EditorJuly 22, 2016
Civil Law Contractor has to make good for damage to State and private property In Mary Buttigieg et -vs- John Polidano et delivered on 27 May, 2016, the Court of Appeal overturned the decision of the First Hall of…Marthese HiliJuly 8, 2016
Civil LawProcedural Law Cash payments still have to be proved Persons who claim that they had already paid their debts in cash, still have to prove the payment, if they are faced with a claim…MMA EditorApril 7, 2016
Civil LawProperty Law Damages arise when a co-owner excludes another co-owner The First Hall of the Civil Court on 15 March 2016, delivered a judgement in Paul Lungaro -v- Salvino Lungaro. Mr Justice Lawrence Mintoff held…MMA EditorMarch 28, 2016
Civil Law In spoliation, the perpetrator must be identified The Magistrates’ Court in Gozo, presided by Magistrate Dr Joanne Vella Cuschieri in Kenneth Cutajar -v- brothers Lawrence Attard, Joseph Attard, Mariano Attard and George…MMA EditorMarch 17, 2016
Civil LawProperty Law Interpretation of a contract is taken from the wording of the contract The First Hall of the Civil Courts held in its judgement of 24 February, 2016 in Gordon and Charlene Farrugia –v- Aldo Farrugia, that if…MMA EditorMarch 3, 2016