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

Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded
The Developer must bear the expenses for reconstructing a common party wall when the height proposed in the development cannot be supported by the common wall
Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors

Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors
Malcolm Mifsud
A judicial liquidation is aimed at protecting creditors and is done by a collective procedure
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...

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...

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...

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