Parties in lawsuits living abroad must be represented in the proceedings
Malcolm Mifsud
If there is no representative, this does not make the acts null. On the other hand, this does not mean that the case can continue to proceed.
It is the judge who should evaluate the evidence produced
Malcolm Mifsud
A judge should evaluate all the evidence produced in the acts of the case
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
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
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
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
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
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...

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
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?
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
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
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
Malcolm Mifsud

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

Steel Projects Limited brought proceedings in that the...

Stay of proceedings is an extraordinary measure
Malcolm Mifsud

A stay of proceedings may be allowed, however, the principle should be that a...

A stay of proceedings may be allowed, however, the...

Anyone who may have an interest may be called into suit
Malcolm Mifsud

The First Hall of the Civil Court accepted a plea by a defendant company to...

The First Hall of the Civil Court accepted a plea by a...

When a settlement is not full and final
Malcolm Mifsud

A full and final settlement declaration does not mean that one cannot claim the balance of a claim due

A full and final settlement declaration does not mean that...

What is clear does not need any interpretation
Malcolm Mifsud

The change of President takes place every five years and ‘an exceptional...

The change of President takes place every five years and...

Company blocks transfer of licence to competitor
Malcolm Mifsud

The applicant must prove prima facie that it has a right to protect and that if...

The applicant must prove prima facie that it has a right to...

Civil procedures cannot be used to block criminal proceedings
Malcolm Mifsud

This order was made to protect the interests of the applicant company, since it...

This order was made to protect the interests of the...