Civil LawProperty Law Joint and Several Liability cannot be presumed The First Hall of the Civil Court held that joint liability of two debtors has to be proved and not presumed. This was one of…Malcolm MifsudApril 7, 2017
Civil Law Hints of acceptance of debt, sufficient to interrupt prescription The Court of Appeal on 21 March 2017 held that an email message saying that the debtor will process a payment is sufficient to interrupt…Malcolm MifsudMarch 31, 2017
Civil LawFamily LawProcedural Law Court turns down son’s request to have adoption decree revoked The First Hall of the Civil Court in its judgement (application number 1057/2013) of 14 March, 2017 held that it was not the competent Court…Malcolm MifsudMarch 24, 2017
Civil Law Lidl Immobiliare Malta Limited vs Michael Mifsud Et Noe On the 16th February, 2017, Mr Justice Joseph R. Micallef in Lidl Immobiliare Malta Limited vs. Mifsud et noe held that the changes in the…Malcolm MifsudMarch 17, 2017
Civil LawProcedural Law Civil courts are competent to decide on all civil matters The First Hall of the Civil Court is competent to decide on all civil matters that are raised before it, unless expressly excluded by law.…Malcolm MifsudJanuary 27, 2017
Civil Law Court turns down claim that sale of car was null A Court presided by Magistrate Marse-Ann Farrugia held that the defects found in a second-hand car must have been known to the buyer when he…Malcolm MifsudJanuary 13, 2017
Civil Law Insurance policy holder should be in breach of policy to be held responsible for damages An insurance company may only claim against a policy holder for damages it paid out if the policy holder is in breach of its insurance…Malcolm MifsudDecember 23, 2016
Civil Law Is it the parish or the parish priest? The Magistrates Court in its Superior Jurisdiction in Gozo ruled that a damages case relating to the construction of a cemetery is Nadur, should have…Malcolm MifsudNovember 25, 2016
Civil Law Boat driver not at fault in diving accident The First Hall of the Civil Court held that the plaintiff in a damages lawsuit must prove that the defendant is legally responsible for the…Malcolm MifsudNovember 18, 2016
Civil Law Steel Projects Limited vs Avantgarde Projects Limited Mr Justice Joseph R. Micallef in the case Steel Projects Limited - vs - Avantgarde Projects Limited, found on October 25, 2016, the defendant liable…Malcolm MifsudNovember 4, 2016