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The elements of a retrial must be cumulative

The elements of a retrial must be cumulative
Malcolm Mifsud
When arguing for a retrial, the elements of a retrial must all exist
Unfair consumer contracts null and void

Unfair consumer contracts null and void
Consumer contracts which are unfair and in violation of consumer protection laws will be declared null and void
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...

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...

Maltese Law which precluded legal assistance during police interrogation deemed a breach of human right to fair hearing

Maltese Law which precluded legal assistance during police interrogation deemed a breach of human right to fair hearing

Brian Vella was arrested under suspicion of his involvement in crimes relating to drug trafficking

Brian Vella was arrested under suspicion of his involvement...

If there is no fraud, the best evidence rule should apply on the quantum of a claim

If there is no fraud, the best evidence rule should apply on the quantum of a claim

Malcolm Mifsud

The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is to apply the best evidence...

The Court held that although there is a difference between...

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Producing no evidence may imply responsibility

Malcolm Mifsud

When enforcing a foreign judgment, the Maltese Courts should not carry out a retrial

Malcolm Mifsud

Tribunal rules against buyer in car payment dispute, orders compensation

Knowledge of spoliation is sufficient

Knowledge of spoliation is sufficient

Malcolm Mifsud

The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that person to be...

The defendant need not be the person who carried out the...

A hint of acceptance of a debt interrupts prescription

A hint of acceptance of a debt interrupts prescription

Malcolm Mifsud

In their application V&C held that it is owed €49996.15 by Tlata...

In their application V&C held that it is owed...

No need of interpretation when the wording of a contract is clear

No need of interpretation when the wording of a contract is clear

Malcolm Mifsud

The Court does not need to try to interpret an agreement, when the wording is...

The Court does not need to try to interpret an agreement,...

Prescription period for compensation of works between parts, commences upon split

Prescription period for compensation of works between parts, commences upon split

Malcolm Mifsud

Whosoever, without a just cause, enriches himself to the detriment of others shall, to the limits of such enrichment, reimburse and compensate any patrimonial...

Whosoever, without a just cause, enriches himself to the...

Unclear claims may be deduced from premises

Unclear claims may be deduced from premises

Malcolm Mifsud

Although a claim listed in an application may be unclear, other premises...

Although a claim listed in an application may be unclear,...

A bank guarantee is an autonomous obligation

A bank guarantee is an autonomous obligation

Malcolm Mifsud

A bank guarantee is intended to allow comfort for the bank to be paid for...

A bank guarantee is intended to allow comfort for the...

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