MaltaToday.com.mt - Comment / Law Report

A court cannot stop an action which has already taken place

Malcolm Mifsud

A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place

Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta

Malcolm Mifsud

In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited (the Plaintiff), against two...

The offence of causing fear cannot be proved with one incident

Malcolm Mifsud

The Court of Criminal Appeal, presided by Mr Justice David Scicluna held that...

The Court of Criminal Appeal, presided by Mr Justice David...

Court upholds garnishee, but reduces amount

Malcolm Mifsud

The First Hall of the Civil Court, presided by Ms Justice Lorraine Schembri...

The First Hall of the Civil Court, presided by Ms Justice...

Smoking an electronic cigarette in an enclosed area is not against the law

by Joseph Mizzi

Court orders heir to pay the sum of €152,308 to the plaintiff as reserved portion

by Joseph Mizzi

No need to extend bid bond if it is not requested

Malcolm Mifsud

The Court of Appeal upheld a decision of the Public Contracts Review Board of...

The Court of Appeal upheld a decision of the Public...

Replacement of street lighting does not constitute spoliation

Malcolm Mifsud

The First Hall of the Civil Court presided by Mr Justice Joseph Azzopardi held...

The First Hall of the Civil Court presided by Mr Justice...

Court rules that promise of sale is enforceable

Malcolm Mifsud

The First Hall of the Civil Court, in its judgement of 30 June, 2015 in the...

The First Hall of the Civil Court, in its judgement of 30...

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...