A judicial liquidation is aimed at protecting creditors and is done by a collective procedure
An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed
Warrant of prohibitory injunction approved irrespective of special hypothec
A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour
A Magistrate’s Court upheld an application for a...
When buyer discovers defect, he must take legal action within six months
The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted
The Magistrates Court upheld a plea of prescription because...
Court rules that articles of law need not necessarily be mentioned at the conclusion of a judgment
A judgment is not null and void if the Court fails to mention all the articles of law in its conclusion, but are mentioned in other parts of the judgment
A judgment is not null and void if the Court fails to...
No revocation of garnishee order if filed correctly
If a garnishee order is filed according to law, then it should not be revoked,...
If a garnishee order is filed according to law, then it...
Allegation of payment must be proved
In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment
In the case where a plaintiff is seeking payment and the...
Vicarious liability in charge sheet must be indicated
A person who is being charged with a crime committed when holding a...
A person who is being charged with a crime committed...
No need of judicial acts before appeals before Administrative Review Tribunal
The Administrative Review Tribunal turned down a plea from the Ministry of Education that judicial acts should be filed before actions are filed with the...
The Administrative Review Tribunal turned down a plea from...
Police statement dismissed as hearsay evidence unless corroborated in court
A magistrate’s court held that a statement given to the police which was not corroborated by any other evidence in court was tantamount to...
A magistrate’s court held that a statement...
Every EU State must apply directives in conformity with the individual EU member state’s law
When the Maltese Parliament transposes a Directive in the Enforcement of Intellectual Property Rights (Regulation) Act, its application must be in conformity...
When the Maltese Parliament transposes a Directive in the...
Appeals of Small Claims Tribunal are limited to points of law
A Court of Appeal presiding over a case of Fogg Insurance Agencies Ltd noe...
A Court of Appeal presiding over a case of Fogg...
Legislation failed to protect workers from asbestos
A court held that the legislation concerning workers handling asbestos was...
A court held that the legislation concerning workers...
Actions must be filed within the prescribed time
A court turned down an action which was instituted after a 20-day period...
A court turned down an action which was instituted...
Confusion in products is unfair competition
The fact that one gas distributor also filled the gas cylinders of competitors...
The fact that one gas distributor also filled the gas...
Documentary evidence must be produced
It is not sufficient for a witness to simply testify on a document if it is not produced in court
It is not sufficient for a witness to simply testify on a...
Notification of judicial letter essential to interrupt prescription
A court has ruled that for prescription to be interrupted, a defendant must be...
A court has ruled that for prescription to be interrupted,...
Employers bound to ensure safety of the workplace
Employers are bound to ensure safety on the workplace, the Court of Appeal said...
Employers are bound to ensure safety on the workplace, the...
Lease taken over by widow is not a sublease
The act of a widow taking over the lease of a butcher shop does not constitute...
The act of a widow taking over the lease of a butcher shop...
Property above and below land belongs to the landowner
Whoever has the ownership of the land has also that of the space above it, and...
Whoever has the ownership of the land has also that of the...
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