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Violence in obtaining consent must cause actual fear

Violence in obtaining consent must cause actual fear
Malcolm Mifsud
Not every threat will annul a contract. This was held in a judgment delivered by Judge Miriam Hayman on 6 March 2026 in the Best Deals International Limited (the plaintiff) vs...
Guarantor must show that they are bound to pay

Guarantor must show that they are bound to pay
Malcolm Mifsud
A guarantor to a bank loan must have at least paid back part of the sum due instead of the main debtor before taking legal action against the debtor
Scam victims are bound to be diligent

Scam victims are bound to be diligent

Malcolm Mifsud

A victim of a scam cannot use the scam as a defence against a claim to pay debts

A victim of a scam cannot use the scam as a defence against...

Plea of res judicata declined as merits not discussed in initial case

Plea of res judicata declined as merits not discussed in initial case

A plea of res judicata was rejected because the merits of the case were not...

A plea of res judicata was rejected because the merits of...

Increase in rent should reflect the open market value of the property

Increase in rent should reflect the open market value of the property

Malcolm Mifsud

The Court should take into account the value of the property when calculating...

The Court should take into account the value of the...

Qualifications must be equal to that listed in the law

Qualifications must be equal to that listed in the law

Malcolm Mifsud

The law provides a list of subjects that have to be covered for a person to...

The law provides a list of subjects that have to be covered...

A threat must be realistic in order for it to be a crime

A threat must be realistic in order for it to be a crime

Malcolm Mifsud

A threat must be realistic and the person who is making the threat must have...

A threat must be realistic and the person who is making the...

Court will not enter into intricacies when dealing with a precautionary warrant

Court will not enter into intricacies when dealing with a precautionary warrant

Malcolm Mifsud

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

The Court needs to be satisfied that a precautionary...

Shareholder is distinct from the company

Shareholder is distinct from the company

Malcolm Mifsud

An agreement entered into by the majority shareholder of a company may have no bearing on the company

An agreement entered into by the majority shareholder of a...

Litigants should make use of every remedy available to ensure justice

Litigants should make use of every remedy available to ensure justice

In the recent case of Mark Micallef vs The State Advocate, the plaintiff...

In the recent case of Mark Micallef vs The State Advocate,...

Parties in lawsuits living abroad must be represented in the proceedings

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.

If there is no representative, this does not make the acts...

It is the judge who should evaluate the evidence produced

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

A judge should evaluate all the evidence produced in the...

Banks must explain to clients why they want certain documents

Banks must explain to clients why they want certain documents

Malcolm Mifsud

Banks are expected to give reasons why they are asking for documents when they...

Banks are expected to give reasons why they are asking for...

The Court must decide on all pleas raised

The Court must decide on all pleas raised

Malcolm Mifsud

The Court will decide on all claims and pleas the parties of a case have raised

The Court will decide on all claims and pleas the parties...

Co-owners cannot block the use of other co-owners

Co-owners cannot block the use of other co-owners

Malcolm Mifsud

Co-owners must make use of the property in common as long as it is done in the...

Co-owners must make use of the property in common as long...

A creditor may ask a company to be revived

A creditor may ask a company to be revived

Malcolm Mifsud

A company which is owed money from a company which has been struck off the...

A company which is owed money from a company which has been...

The elements of a retrial must be cumulative

The elements of a retrial must be cumulative

Malcolm Mifsud

When arguing for a retrial, the elements of a retrial must all exist

When arguing for a retrial, the elements of a retrial must...

Unfair consumer contracts null and void

Unfair consumer contracts null and void

Consumer contracts which are unfair and in violation of consumer protection laws will be declared null and void

Consumer contracts which are unfair and in violation of...

Appeals Court rakes in favour of the Commissioner of Revenues

Appeals Court rakes in favour of the Commissioner of Revenues

Malcolm Mifsud

The Court of Appeal held that the Court does not have the competence to...

The Court of Appeal held that the Court does not have the...

Distinction must be made between the merits of an executive title and the formality of an executive warrant

Distinction must be made between the merits of an executive title and the formality of an executive warrant

Malcolm Mifsud

The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the formality...

The Court endorsed the argument that a party attacking an...

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