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Tribunal must decide on all grounds of appeal

Tribunal must decide on all grounds of appeal
Malcolm Mifsud
The Financial Services Tribunal was asked to decide on two grounds of appeal and not just one
Maltese court has jurisdiction of vessels found in Malta’s territorial waters

Maltese court has jurisdiction of vessels found in Malta’s territorial waters
Malcolm Mifsud
The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta
Pre-existent view of adjacent property does not automatically exclude spoliation

Pre-existent view of adjacent property does not automatically exclude spoliation

Malcolm Mifsud

A judge ordered the plaintiffs to be re-instated in the full possession and enjoyment of their property as enjoyed prior to the installation of this window

A judge ordered the plaintiffs to be re-instated in the...

Conflicting evidence leads to judgment confirmation

Conflicting evidence leads to judgment confirmation

Malcolm Mifsud

The party asking for a retrial must prove the reason why the case should be...

The party asking for a retrial must prove the reason why...

Trademark must be predominant to be exclusive

Trademark must be predominant to be exclusive

Malcolm Mifsud

The 'I Do Weddings' do not cause any confusion of the minds of...

The 'I Do Weddings' do not cause any confusion...

Parties had every right to ask for division of property

Parties had every right to ask for division of property

Malcolm Mifsud

Dispute arising between the parties was unfounded as the dividing lines were...

Dispute arising between the parties was unfounded as the...

The elements required in order to prove the offence of judicial or legal perjury

The elements required in order to prove the offence of judicial or legal perjury

Malcolm Mifsud

The court held that the accused never intended to obscure the truth or hide that which he was testifying about, and so acquitted him of all charges brought...

The court held that the accused never intended to obscure...

Administrative decision must be notified to applicant and not to lawyer

Administrative decision must be notified to applicant and not to lawyer

Malcolm Mifsud

Article 25 of the Probation Act states that a conditional discharge cannot be considered as a declaration of guilt

Article 25 of the Probation Act states that a conditional...

Civil courts are competent to decide on all civil matters

Civil courts are competent to decide on all civil matters

Malcolm Mifsud

A Court has held that the First Hall of the Civil Court is competent to decide...

A Court has held that the First Hall of the Civil Court is...

Tenant is legally bound to take care of his premises as though it were his own

Tenant is legally bound to take care of his premises as though it were his own

Malcolm Mifsud

The First Hall of the Civil Court held that the tenant of any rented property has a legal obligation to take care of that property

The First Hall of the Civil Court held that the tenant of...

Court turns down claim that sale of car was null

Court turns down claim that sale of car was null

Malcolm Mifsud

A Court presided has held that the defects found in a second-hand car...

A Court presided has held that the defects found...

Court declares that mistake was no mistake

Court declares that mistake was no mistake

Malcolm Mifsud

Patrick Cutajar filed an unjustified enrichment action against Mario...

Patrick Cutajar filed an unjustified enrichment action...

Warrants handed out following successful academic qualification

Warrants handed out following successful academic qualification

Malcolm Mifsud

Qualification from a foreign university must match the local and EU regulations...

Qualification from a foreign university must match the...

Insurance policy holder should be in breach of policy to be held responsible for damages

Insurance policy holder should be in breach of policy to be held responsible for damages

Malcolm Mifsud

Therese Cachia had four children, two of whom were minors and when the insurance policy was issued, she only had the two minor children living with her

Therese Cachia had four children, two of whom were minors...

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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

Strong evidence required to prove a right

Strong evidence required to prove a right

Malcolm Mifsud

The court took the impression that in order to create a right in 2001, Gauci...

The court took the impression that in order to create a...

No need of court case, once contract solves the differences

No need of court case, once contract solves the differences

Malcolm Mifsud

The First Hall of the Civil Court decided that once parties to a legal action...

The First Hall of the Civil Court decided that once parties...

Is it the parish or the parish priest?

Is it the parish or the parish priest?

Malcolm Mifsud

When a group of farmers filed the lawsuit against the Nadur parish priest, the defendants filed a statement of defence saying that they have no judicial...

When a group of farmers filed the lawsuit against the Nadur...

Boat driver not at fault in diving accident

Boat driver not at fault in diving accident

Malcolm Mifsud

The facts at play were common and as such the Magistrate’s conclusions...

The facts at play were common and as such the...

Extra works must be paid for

Extra works must be paid for

Malcolm Mifsud

The Court of Appeal ruled that a contractor must be paid for extra works carried out

The Court of Appeal ruled that a contractor must be paid...

Steel Projects Limited vs Avantgarde Projects Limited

Steel Projects Limited vs Avantgarde Projects Limited

Malcolm Mifsud

Steel Projects Limited brought proceedings in that the defendant was to pay the...

Steel Projects Limited brought proceedings in that the...

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