Shareholders may take action against other shareholders only when it is impossible that the company will take action itself. This was held in a judgement…
Malcolm MifsudMay 22, 2022
The parties to a case cannot file another action if they are identical. This was held in Malta Association of Professional Engineers v Bord tal-Professjoni…
Malcolm MifsudMay 1, 2022
The authorities may take measures in private property in order to safeguard public health and within the pubic interest. This was held in a judgement…
Malcolm MifsudApril 3, 2022
The decision to impose a fine from an administrative authority may be subject to judicial review even though that fine was paid. This was held…
Malcolm MifsudMarch 27, 2022
Civil Procedure allows Maltese courts to take cognisance of legal issue even though a written agreement may say otherwise. This as held in Seagull Maritime…
Malcolm MifsudFebruary 13, 2022
Recent amendments to the Civil Code confirm that the Civil Courts have jurisdiction to decide on whether a lease agreement is valid or not. This…
Malcolm MifsudJanuary 16, 2022
A verbal agreement following a public deed is not novation if the terms and conditions were merely modified. This was held by Judge Miriam Hayman…
Malcolm MifsudJanuary 9, 2022
Damages caused by a incompetent contractor, will be charged to the party who engaged that contractor. This was held in a Court of Appeal judgement…
Malcolm MifsudNovember 14, 2021
The Courts may be faced with a situation whether it would be best to wait for the outcome of another case. However, this is not…
Malcolm MifsudNovember 7, 2021
