MaltaToday.com.mt - Comment / Law Report

Evidence must have an audit trail

Malcolm Mifsud

The Court must be convinced that the evidence brought before it was not tampered with

The different approaches to revoke a garnishee order

Malcolm Mifsud

The party subject to a precautionary warrant, such as a garnishee order must choose carefully which procedure to use in order to ask the court to revoke it

Malcolm Mifsud

The First Hall of the Civil Courts on 19 June, 2015 ruled that any taxed bill issued by the Registrar of Courts was correct since a court judgement did not...

The First Hall of the Civil Courts on 19 June, 2015 ruled...

A jactitation suit cannot be instituted when the claim by the defendant is brought about by the provocative actions of the plaintiff

The First Hall Civil Court presided by Ms Justice Jacqueline Padovani Grima held in a judgment on 15 June, 2015 that a jactication suit in terms of Article 403...

The First Hall Civil Court presided by Ms Justice...

Court refuses to invert the order of production of evidence in legal title claim on property

Malcolm Mifsud

The First Hall of the Civil Court turned down a request made by a plaintiff to allow the defendant to produce the evidence first. This was decided in a partial...

The First Hall of the Civil Court turned down a request...

Subsidiaries awarded by authorities are not economic activities in terms of competition rules

Malcolm Mifsud

The Competition and Consumer Appeal Tribunal presided by Mr Justice Mark Chetcuti held in a judgement on 19 May, 2015 that subsidiaries given by public...

The Competition and Consumer Appeal Tribunal presided by Mr...

Lack of signature of one spouse does not annul an agreement

Malcolm Mifsud

The First Hall of the Civil Courts held that although a wife did not sign a...

The First Hall of the Civil Courts held that although a...

Court allows correction of surname in birth certificate

Malcolm Mifsud

A court ordered that a birth certificate be amended following the...

A court ordered that a birth certificate be amended...

Court declares commercial agreement as time barred

Malcolm Mifsud

The first hall of the civil courts on 4 May, 2015 in Edward Pavia & EMA Ltd...

The first hall of the civil courts on 4 May, 2015 in Edward...

Constitutional Court has jurisdiction to hear eviction case

Malcolm Mifsud

The First Hall of the Civil Courts in its constitutional jurisdiction held that...

The First Hall of the Civil Courts in its constitutional...

Penalty clause must be applied according to the principles of equity

Malcolm Mifsud

The Magistrates Court in Gozo decided that a penalty clause in a contract of...

The Magistrates Court in Gozo decided that a penalty clause...

Tribunal revokes Competition Office order

Malcolm Mifsud

The Competition and Consumer Appeals Tribunal annulled an order of the Office...

The Competition and Consumer Appeals Tribunal annulled an...

Administrative Tribunal orders refund of VAT following a revision of business model

Malcolm Mifsud

The Administrative Review Tribunal on 30 March, 2015 ruled that the VAT Department must overturn its decision not to give a VAT refund, after the owner of a...

The Administrative Review Tribunal on 30 March, 2015 ruled...

Probation is not excluded for long-serving prisoners

Malcolm Mifsud

The Court of Criminal Appeal in Il-Pulizija –v- Alfred Bugeja and Clive...

The Court of Criminal Appeal in Il-Pulizija –v-...

Holder of bills of exchange may take legal action

Malcolm Mifsud

The First Hall of the Civil Court ruled that the holder of bills of exchange is...

The First Hall of the Civil Court ruled that the holder of...

Malcolm Mifsud

The First Hall of the Civil Court on 13 March, 2015 dismissed a plea that challenged the judge presiding the case Martin Cassano v Alessandro sive Sandro...

The First Hall of the Civil Court on 13 March, 2015...

Court declares it has no jurisdiction to decide on rent due

Malcolm Mifsud

Magistrate Francesco Depasquale held that the court was not competent at law to...

Magistrate Francesco Depasquale held that the court was not...

Court confirms that case was already decided

Malcolm Mifsud

The Court of Appeal, composed of Chief Justice Silvio Camilleri, Mr Justice G....

The Court of Appeal, composed of Chief Justice Silvio...

Court allows daughter to retain mother’s surname after father recognises her at 15 years old

Malcolm Mifsud

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

Malcolm Mifsud

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...