Plea of res judicata declined as merits not discussed in initial case
A plea of res judicata was rejected because the merits of the case were not examined in the first instance
Increase in rent should reflect the open market value of the property
Malcolm Mifsud
The Court should take into account the value of the property when calculating the increase in rent
Cruelty in marriage has its consequences
Malcolm Mifsud

Proved physical and psychological violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions

Proved physical and psychological violence in marriage is a...

Non fulfilment of obligations may result in damages
Malcolm Mifsud

Damages may ensue as a consequence when someone fails to fulfil his or her...

Damages may ensue as a consequence when someone fails to...

On last day of work, one can apply to Industrial Tribunal
Malcolm Mifsud

The four-month period in which a former employee may file an Industrial...

The four-month period in which a former employee may file...

Authorities have an obligation to assist the public
Malcolm Mifsud

uthorities are bound at law to give all vital information to the public in...

uthorities are bound at law to give all vital information...

Civil Court has competence to hear issues dealing with commercial rural leases
Malcolm Mifsud

The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone

The Civil Court have jurisdiction to decide cases...

Suspended sentence cannot be awarded in certain circumstances
Malcolm Mifsud

The Court of Criminal Appeal switched the punishment of a person who was first...

The Court of Criminal Appeal switched the punishment of a...

The three principles of criminal punishment explained
Malcolm Mifsud

When awarding a punishment in criminal cases, the courts have to keep in mind...

When awarding a punishment in criminal cases, the courts...

Court accepts and explains defence of provocation
Malcolm Mifsud

The Court of Criminal Appeal overturned a conviction of a mother, since the...

The Court of Criminal Appeal overturned a conviction of a...

Court has wide powers to appoint company administrator
Malcolm Mifsud

The Companies Act allows the Court to have a wide discretion to appoint...

The Companies Act allows the Court to have a wide...

Adoption does not block a declaration of who is the natural father
Malcolm Mifsud

A father was declared the natural father of a minor child, irrespective of the...

A father was declared the natural father of a minor child,...

No need to ask for premises to be vacated, immediately after Court auction
Malcolm Mifsud

When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is purchased

When a property is purchased by court auction, there is no...

Garnishee order may change if circumstances change
Malcolm Mifsud

A garnishee order may be revoked in whole or in part if the circumstances of...

A garnishee order may be revoked in whole or in part if the...

Structural alternatives in rented properties do not necessarily result in termination of the lease
Malcolm Mifsud

Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated

Those structural alternations in rented property which are...

Not all roads are government property
Malcolm Mifsud

The fact that the government puts asphalt on a private road, does not convert the road into public property

The fact that the government puts asphalt on a private...

Court should limit itself to claims
Malcolm Mifsud

The civil court should always follow its procedure, even if a constitutional law issue is raised

The civil court should always follow its procedure, even if...

Warrant upheld once it is satisfying all the requests
Malcolm Mifsud

A warrant of prohibitory injunction may be issued once that the three elements...

A warrant of prohibitory injunction may be issued once that...

Changes to names of parties of a lawsuit may be corrected
Malcolm Mifsud

The Court has wide powers to correct the names of acts of court cases in order...

The Court has wide powers to correct the names of acts of...

Court will use principle of proportionality to determine whether a party can appeal a judgement in parte
Malcolm Mifsud

The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer economic...

The court held that since it was a commercial case and...