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Court will not enter into intricacies when dealing with a precautionary warrant

Court will not enter into intricacies when dealing with a precautionary warrant
Malcolm Mifsud
The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of the procedure
Shareholder is distinct from the company

Shareholder is distinct from the company
Malcolm Mifsud
An agreement entered into by the majority shareholder of a company may have no bearing on the company
An obvious falsification of a document is not a crime

An obvious falsification of a document is not a crime

Malcolm Mifsud

The Court applied a legal principle where the use of a document which is...

The Court applied a legal principle where the use of a...

Fingerprints may be deemed sufficient evidence to prove the commission of a crime

Fingerprints may be deemed sufficient evidence to prove the commission of a crime

With regards to the intentional element of the crime of theft the Court held that the argument of the accused did not hold water since the simple use or...

With regards to the intentional element of the crime of...

Abduction cases against parent based on UN Convention procedurally defective

Abduction cases against parent based on UN Convention procedurally defective

Malcolm Mifsud

The Convention on the Rights of the Child only pertains to States, and not individuals

The Convention on the Rights of the Child only pertains to...

Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website

Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website

Malcolm Mifsud

The Tribunal held that in this case, it was clear that the applicant was genuine, and even emailed the Minister explaining the issue at hand, furthermore, the...

The Tribunal held that in this case, it was clear that the...

A right not falling precisely within original claim may be decided upon by Courts

A right not falling precisely within original claim may be decided upon by Courts

Malcolm Mifsud

The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the issue rather than...

The First Court concluded that when a claim is made which...

Court takes into consideration feast traditions

Court takes into consideration feast traditions

Malcolm Mifsud

The Magistrates Court took into consideration the long-standing tradition that...

The Magistrates Court took into consideration the...

Disability caused by medical procedures places onus of proof on professional

Disability caused by medical procedures places onus of proof on professional

Malcolm Mifsud

While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that the medical procedure...

While the plaintiff must prove the link between the medical...

Union cannot decide instead of member

Union cannot decide instead of member

Malcolm Mifsud

A union cannot finalise an agreement with an employer without the explicit consent of the member

A union cannot finalise an agreement with an employer...

Tenant’s surviving relative ordered to vacate rented property

Tenant’s surviving relative ordered to vacate rented property

Malcolm Mifsud

The Tribunal said that evidence showed that the plaintiff’s deceased...

The Tribunal said that evidence showed that the...

Pensioners can be awarded damages for permanent disability

Pensioners can be awarded damages for permanent disability

Malcolm Mifsud

The court found that despite being the age of 83, she was still entitled to...

The court found that despite being the age of 83, she was...

Co-owners may be given the keys of the common property

Co-owners may be given the keys of the common property

Malcolm Mifsud

The First Hall of the Civil Courts held that all co-owners have a right to the...

The First Hall of the Civil Courts held that all co-owners...

Mother obtains exclusive care and custody of child

Mother obtains exclusive care and custody of child

Malcolm Mifsud

The evidence in this case showed that the minor child was brought up...

The evidence in this case showed that the minor child was...

Trending

Restorative justice in action

Before depositing rent in court, a tenant must first offer payment

Malcolm Mifsud

Payment of rent by agricultural produce has to be subject to a written agreement

Malcolm Mifsud
Legatee must request the release of the property from the heirs in solidum

Legatee must request the release of the property from the heirs in solidum

Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property

Legatees must file for court actoin against all heirs...

If you broke your leg 50 years ago, tell your medical insurance provider

If you broke your leg 50 years ago, tell your medical insurance provider

Malcolm Mifsud

The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can claim

The court said it could not impose upon the insurance...

Property not forfeited in favour of government when not of criminal origin

Property not forfeited in favour of government when not of criminal origin

Malcolm Mifsud

The court held that the fact that the couple were granted a banking facility in order to acquire the property meant that the spouses had a regular employment...

The court held that the fact that the couple were granted a...

Authority issuing a tender must give all information to all tenderers

Authority issuing a tender must give all information to all tenderers

Malcolm Mifsud

The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient.

The Court of Appeal ordered that a tender be re-issued...

Not refunding payment may constitute a crime

Not refunding payment may constitute a crime

Malcolm Mifsud

A supplier who failed to refund an order which was cancelled on the hope that...

A supplier who failed to refund an order which was...

There is a distinction between personal and corporate representation

There is a distinction between personal and corporate representation

Malcolm Mifsud

The Tribunal also disagreed with the Board of Governors that the application...

The Tribunal also disagreed with the Board of Governors...

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