A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to…
Malcolm MifsudNovember 17, 2017
The First Hall of the Civil Court turned down a request to issue a warrant of prohibitory injunction to block an eviction, when the court…
Malcolm MifsudSeptember 8, 2017
In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment.…
Malcolm MifsudAugust 4, 2017
Appeals of Small Claims Tribunal are limited to points of law. This was held by the Court of Appeal on 16 June, 2017 in Fogg…
Malcolm MifsudJune 30, 2017
A court turned down an action which was instituted after a 20-day period stipulated by Article 466 of the Code of Organisation and Civil Procedure.…
Malcolm MifsudJune 16, 2017
Works carried by one of two warring bar owners constituted spoliation of the other bar owner. This was decided by Magistrate Joanne Vella Cuschieri on…
Malcolm MifsudApril 14, 2017
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
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
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
