Civil Law Maltese Court may still have jurisdiction irrespective of foreign jurisdiction clause The Maltese Court may have jurisdiction to hear and decide cases where the parties have signed a contract which indicates another country to have judicial…Malcolm MifsudApril 21, 2017
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
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
Civil Law Court turns down claim that sale of car was null A Court presided by Magistrate Marse-Ann Farrugia held that the defects found in a second-hand car must have been known to the buyer when he…Malcolm MifsudJanuary 13, 2017
Company LawFinancial Services Court declares that mistake was no mistake The Court of Appeal held that from the evidence produced and the agreements signed, a former shareholder had correctly paid a bank loan, although he…Malcolm MifsudJanuary 6, 2017
Civil Law Is it the parish or the parish priest? The Magistrates Court in its Superior Jurisdiction in Gozo ruled that a damages case relating to the construction of a cemetery is Nadur, should have…Malcolm MifsudNovember 25, 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
Property Law Seller has to pay for latent defects Mr Justice Joseph R. Micallef in his judgement Spillane – vs – Gatt of 4th August, 2016, found the defendant responsible for paying damages together…Malcolm MifsudSeptember 2, 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