Civil LawProperty Law Anyone who may have an interest may be called into suit The First Hall of the Civil Court accepted a plea by a defendant company to allow into suit the previous owners of a property, because…Malcolm MifsudOctober 21, 2016
Civil LawProperty Law When a settlement is not full and final A full and final settlement may not necessarily be so and depends on the circumstances of the case. This was decided by Mr Justice Mark…Malcolm MifsudOctober 14, 2016
Civil LawEmployment Law What is clear does not need any interpretation The First Hall of the Civil Court held in its judgement of 26 September, 2016, in Marica Mizzi -v- Dr Joseph Muscat, Prime Minister, and…Malcolm MifsudOctober 7, 2016
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…Malcolm MifsudSeptember 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…Malcolm MifsudSeptember 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…Malcolm MifsudAugust 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…Malcolm MifsudJuly 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…Malcolm MifsudJuly 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…Malcolm MifsudJuly 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…Malcolm MifsudApril 7, 2016