An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed
When the majority of co-owners request the sale of the property, the Court has to see whether the sale will cause serious prejudice to the minority
An applicant refused a Single Work Permit should be notified about the basic right of appeal
The Court has established that the appellee was legally present in Malta or elsewhere in the European Union and that his submission for appeal in front of the...
The Court has established that the appellee was legally...
Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case
If the same parties to a case, are before the Court of Appeal, then the Court of first instance of another case which is identical, may be suspended in order...
If the same parties to a case, are before the Court of...
Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban
Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban given by the Principal Immigration Officer
Lack of evidence pushes the Immigration Appeals Board to...
Representation must be proven
Those who claim to represent a party in a lawsuit have to prove their representation
Those who claim to represent a party in a lawsuit have to...
A consignee is considered to be a legitimate respondent in intellectual property proceedings
A consignee is considered to be a legitimate respondent in intellectual property proceedings
A consignee is considered to be a legitimate respondent in...
Strict interpretation of the law when challenging a judge
The court must interpret the law on the recusal of a judge strictly
The court must interpret the law on the recusal of a judge...
Strict interpretation of the law when challenging a judge
The court must interpret the law on the recusal of a judge strictly
The court must interpret the law on the recusal of a judge...
Court may accept declarations made by deceased witness
The Court may accept, in the interest of justice, an affidavit prepared by...
The Court may accept, in the interest of justice, an...
Judge pins court delays on government, abusive defendants and their lawyers
The length of time taken to conclude a court case is unreasonable and violates the right to a proper and reasonable hearing as provided by Article 39 of the...
The length of time taken to conclude a court case is...
The parties must prove the claims against each other
The Parties who file claims and pleas must prove to the Court their respective...
The Parties who file claims and pleas must prove to the...
The parties must prove the claims against each other
The Parties who file claims and pleas must prove to the Court their respective...
The Parties who file claims and pleas must prove to the...
A new lease agreement is deemed to be renunciation of the old lease agreement
When a landlord does not accept the termination of a lease agreement but rents the same property to a third party, this would, in fact, mean that he would be...
When a landlord does not accept the termination of a lease...
Once a company is inactive for a period of time, its liquidation would be justified
If the reason for a company does not exist anymore, then the company should be liquidated
If the reason for a company does not exist anymore, then...
Attorney General must quote correct articles of law for Court to consider crimes
The Attorney General must indicate under which articles of law the accused is accused, and the Court must consider the Article mentioned in the Attorney...
The Attorney General must indicate under which articles of...
Majority co-owners may sell property if all conditions are fair
The Court must be satisfied that the minority of co-owners of a property will...
The Court must be satisfied that the minority of co-owners...
When contractual obligations are outlined clearly in writing, obligations must be honoured
The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations...
The Court ruled that when contractual obligations are...
Court of Appeals asks Identity Malta Agency to be more humane
The Court of Appeal criticised Identity Malta Agency for expecting an applicant...
The Court of Appeal criticised Identity Malta Agency for...
Wife loses maintenance because she was the main contributor to breakdown of marriage
The Court ruled that once the wife contributed to the breakdown of the marriage, she lost the right to maintenance • This was held in PB v JB...
The Court ruled that once the wife contributed to the...
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