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
Property Law Pre-existent view of adjacent property does not automatically exclude spoliation This was held by Ms Justice Lorraine Schembri Orland presiding at the First Hall Civil Court in the judgement Paul Farrugia et v. Gordon Calleja…Malcolm MifsudMarch 10, 2017
Procedural Law Conflicting evidence leads to judgement confirmation An application for a retrial was turned down because the applicant failed to prove that he was not notified of proceedings. This was decided by…Malcolm MifsudMarch 3, 2017
Property Law Parties had every right to ask for division of property On the 7th February 2017, Magistrate Joanne Vella Cuschieri in the case Camilleri vs. Azzopardi et held that a co-owner possessing property adjacent to the…Malcolm MifsudFebruary 17, 2017
Criminal Law The elements required in order to prove the offence of judicial or legal perjury The Court of Magistrates (Malta) as a Court of Criminal Judicature in a judgement delivered by Magistrate Dr. Joseph Mifsud on the 1st February 2017…Malcolm MifsudFebruary 10, 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
Property Law Tenant is legally bound to take care of his premises as though it were his own The First Hall of the Civil Court held that the tenant of any rented property has a legal obligation to take care of that property,…Malcolm MifsudJanuary 20, 2017
Property Law Strong evidence required to prove a right A Court held in a judgement that in order for someone to claim a right of property, there must be strong evidence to back the…Malcolm MifsudDecember 16, 2016
Property Law No need of court case, once contract solves the differences The First Hall of the Civil Court decided that once parties to a legal action have concluded their differences in a contract, the court case…Malcolm MifsudDecember 2, 2016
Property Law Stay of proceedings is an extraordinary measure When a court stays the proceedings of a case, this must be done for very good reasons, because a case should start and end. This…Malcolm MifsudOctober 28, 2016