Civil Law Court does not accept clauses that hide an elevated interest rate on loan The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted.Malcolm MifsudFebruary 15, 2019
Civil Law Court is limited to its competency The Magistrates’ Court may award damages limited to it the amount it is competent to award, even though the damages may be of a higher…Malcolm MifsudJanuary 11, 2019
Civil Law Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously The right to the remedies created by law cease where the abuse of such rights begin... whoever acts in bad faith should be condemned to…Malcolm MifsudDecember 7, 2018
Civil Law Person responsible for damages due to bounced cheques The First Hall of the Civil Courts ordered man to pay damages after he participated in a fraud by issuing cheques which were not honoured.…Malcolm MifsudNovember 30, 2018
Civil LawProcedural Law Carpenter has to pay for difference of prices for replacement works The Magistrate’s Court in Gozo ordered a carpenter to pay for the difference in price of replacement of doors, after it was established that bad…Malcolm MifsudJune 25, 2018
Property Law Court explains elements of Article 495A The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et vs…Malcolm MifsudMay 23, 2018
Family Law DNA is not the only evidence to establish the paternity of a child In the absence of DNA, declaration of the parents of a child could be sufficient to prove the paternity of a child.Malcolm MifsudMarch 31, 2018
Family Law Surname change from foreign ‘deed poll’ effected in Malta subject to proof Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to…Malcolm MifsudMarch 9, 2018
Civil Law Prescription period for compensation of works between parts, commences upon split The First Hall of the Civil Courts pointed out that the prescription period for compensation due to one partner for works carried out in the…Malcolm MifsudJanuary 24, 2018
Arbitration Law Extension of contract means an increase in payment The Court of Appeal ruled that even though there is a fixed price contract, if there is an extension of the service, then the contractor…Malcolm MifsudDecember 29, 2017