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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
Litigants should make use of every remedy available to ensure justice

Litigants should make use of every remedy available to ensure justice
In the recent case of Mark Micallef vs The State Advocate, the plaintiff contended that his fundamental human rights were transgressed due to an inordinate delay of 18 years
Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations

Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations

Malcolm Mifsud

The Court concluded that the only way by which the Authorities could be found to have abused their position and implemented an ultra...

The Court concluded that the only way by which the...

Carpenter has to pay for difference of prices for replacement works

Carpenter has to pay for difference of prices for replacement works

Malcolm Mifsud

The Magistrate’s Court in Gozo ordered a carpenter to pay for the...

The Magistrate’s Court in Gozo ordered a carpenter to...

Trial periods for new employees are subject to the law

Trial periods for new employees are subject to the law

Malcolm Mifsud

The Police had accused Khalifa, an owner of a business, with failing to pay the...

The Police had accused Khalifa, an owner of a business,...

Agricultural lease is terminated due to illegal construction

Agricultural lease is terminated due to illegal construction

Malcolm Mifsud

The defendants filed a statement of defence and in it they claimed that the...

The defendants filed a statement of defence and in it they...

Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant

Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant

Malcolm Mifsud

Unless the evidence produced, and the charges brought correspond to what is on the charge sheet, then the Court is obliged to dismiss the claim

Unless the evidence produced, and the charges brought...

When landlord offers tenant alternative accommodation, this has to be done in good faith

When landlord offers tenant alternative accommodation, this has to be done in good faith

Malcolm Mifsud

Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must be in...

Article 9(a) of the Reletting of Urban Property...

Court explains elements of Article 495A allowing co-owners to bring action for the sale of a property in cases of disagreement

Court explains elements of Article 495A allowing co-owners to bring action for the sale of a property in cases of disagreement

Malcolm Mifsud

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 Abela Fiorella,...

The particular elements of this section in the Civil Code...

When parties create a contract it should be presumed that only that which was written was intended to form part of the agreement

When parties create a contract it should be presumed that only that which was written was intended to form part of the agreement

Malcolm Mifsud

The Court heard the facts presented by the parties, which explained that the two band clubs, both found in Hal Qormi, had created a contract in 1999 in order...

The Court heard the facts presented by the parties, which...

Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession

Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession

Malcolm Mifsud

The Court, in looking at the evidence, commented on how the plaintiff had not been properly afforded the guarantee to legal representation when he was being...

The Court, in looking at the evidence, commented on how the...

Refund of deposit takes place when promise of sale expires

Refund of deposit takes place when promise of sale expires

Malcolm Mifsud

The Court ordered that a deposit paid on a promise of sale of a property be...

The Court ordered that a deposit paid on a promise of sale...

Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained

Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained

Malcolm Mifsud

The Court heard the counterclaim by the defendants who stated that the farm had been severely damaged by a storm and through no fault of their own 

The Court heard the counterclaim by the defendants who...

An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances

An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances

Malcolm Mifsud

The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchange

The action was instituted following a judicial letter which...

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A judicial review may be done only against the public administration

Malcolm Mifsud

Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded

Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors

Malcolm Mifsud
Attorney General’s newest procedural right to appeal to find retroactive application

Attorney General’s newest procedural right to appeal to find retroactive application

Malcolm Mifsud

The Court explained that procedural criminal law has effective and immediate application, meaning that the procedures become effective even to proceedings that...

The Court explained that procedural criminal law has...

DNA is not the only evidence to establish the paternity of a child

DNA is not the only evidence to establish the paternity of a child

Malcolm Mifsud

In the absence of DNA, declaration of the parents of a child could be...

In the absence of DNA, declaration of the parents of a...

Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant

Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant

Malcolm Mifsud

 The plaintiff held that he had purchased a property on the island and had engaged a contractor to carry out scheduled works which were not completed on...

 The plaintiff held that he had purchased a property...

Court requires ‘best proof’ of the contestation of a debt alleged by a government authority

Court requires ‘best proof’ of the contestation of a debt alleged by a government authority

Malcolm Mifsud

This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz...

This was decreed by Magistrate Dr Francis Depasquale in the...

Surname change from foreign ‘deed poll’ effected in Malta subject to proof

Surname change from foreign ‘deed poll’ effected in Malta subject to proof

Malcolm Mifsud

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...

Once the defendant received the original marriage...

Six-month period on unjust administrative decision cannot be interrupted or suspended

Six-month period on unjust administrative decision cannot be interrupted or suspended

Malcolm Mifsud

Plaintiff claimed that the administrative decision leading to the termination of his employment went against principles of natural justice

Plaintiff claimed that the administrative decision leading...

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