A threat must be realistic and the person who is making the threat must have the means to carry out the threat.
The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of the procedure
Court allows daughter to retain mother’s surname after father recognises her at 15 years old
The Civil Court (Family Section) in a judgement on 29 October, 2014 allowed a 15-year-old daughter to retain her mother’s surname, even though her father...
The Civil Court (Family Section) in a judgement on 29...
Tribunal rules it is competent to decide on claims deriving from leases
A Small Claims Tribunal presided by Dr Censu Galea, in Anthony and Mary Dolores Montebello -v- Falk Lindner and Jaynell Lindner, held on 17 February that...
A Small Claims Tribunal presided by Dr Censu Galea, in...
Heirs block testamentary executor
The First Hall of the Civil Court on 9 February, 2015 upheld a request to block a testamentary executor from carrying out his duties in lieu of a pending court...
The First Hall of the Civil Court on 9 February, 2015...
Court divides price of ship among creditors
Mr Justice Joseph Azzopardi, in the case Dr Kris Borg -v- Piraeus Bank AE et on...
Mr Justice Joseph Azzopardi, in the case Dr Kris Borg -v-...
DNA establishes paternity of child
A man proved that he is the natural father of a child in a DNA test, and also by confirming that he fathered the child.
A man proved that he is the natural father of a child...
Court turns down damages case due to lack of evidence
The magistrates court rejected a request to award damages because it was not...
The magistrates court rejected a request to award damages...
Court sticks to tenant’s and landlord’s initial intentions
Mr Justice Lawrence Mintoff in the First Hall of the Civil Courts, decided on...
Mr Justice Lawrence Mintoff in the First Hall of the Civil...
Court rules on the abandonment of a case
A court handing down judgement on 5 January, 2015, held that even if the defendants do not object to the plaintiffs asking the court to reappoint a case,...
A court handing down judgement on 5 January, 2015,...
Accountant blocks sale of Jerma Palace Hotel
The First Hall of the Civil Courts, presided by Ms Justice Jacqueline Padovani...
The First Hall of the Civil Courts, presided by Ms Justice...
Court halts excavation after legal distance not respected
The First Hall of the Civil Courts ordered that excavation works be stopped...
The First Hall of the Civil Courts ordered that excavation...
Court allowed Transport Malta to asphalt a private yard
The First Hall of the Civil Court turned down a request for a warrant of...
The First Hall of the Civil Court turned down a request for...
Court allows divorce irrespective of claims of non-payment of maintenance
The Family Court upheld a request for divorce, although the former wife claimed that her former husband did not pay her maintenance in full.
The Family Court upheld a request for divorce, although the...
Court orders payment for unjustified enrichment
The Court of Appeal on 1 December, 2014 in Albert Mallia -v- Albert Camilleri...
The Court of Appeal on 1 December, 2014 in Albert Mallia...
When a res judicata plea can be raised
The First Hall of the Civil Court rejected a plea that the issue being discussed was already decided upon in a judgment of the Court of Appeal, since it...
The First Hall of the Civil Court rejected a plea...
Administrative Tribunal disagrees with board’s interpretation of documentary evidence
The Administrative Review Tribunal held on November 17, 2014 that the Transfer of Residence Exemption Board misinterpreted clear documentary evidence that an...
The Administrative Review Tribunal held on November 17,...
New Planning Tribunal should have given opportunity to all parties to present evidence
The Court of Appeal ruled on 12 November, 2014 in Joseph Xuereb -v- MEPA, that a letter challenging a stop notice was in fact an appeal in terms of the...
The Court of Appeal ruled on 12 November, 2014 in Joseph...
Giving a second chance
The Court of Criminal Appeal on November 3, 2014 told a Magistrate’s Court to reactivate a suspended sentence in order to give an accused person another...
The Court of Criminal Appeal on November 3, 2014 told a...
When can a law firm disclose information?
A dispute between ultimate beneficiaries of a company registered in Malta,...
A dispute between ultimate beneficiaries of a company...
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