Civil Law Court does not accept clauses that hide an elevated interest rate on loan The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted.Marthese HiliFebruary 15, 2019
Civil LawProperty Law Elements of an action sufficient for that action to be sustained The type of action does not need to be explicitly pointed out, however if the elements of that type of action exist, then it may…MMA EditorJanuary 25, 2019
Civil Law Court is limited to its competency The Magistrates’ Court may award damages limited to it the amount it is competent to award, even though the damages may be of a higher…Marthese HiliJanuary 11, 2019
Civil Law Persons who have mental health issues still have the right to draw a will The fact that a testator has mental health issues at the time he draws up a will, does not mean that that will is null…MMA EditorDecember 21, 2018
Civil Law Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously The right to the remedies created by law cease where the abuse of such rights begin... whoever acts in bad faith should be condemned to…Marthese HiliDecember 7, 2018
Civil Law Person responsible for damages due to bounced cheques The First Hall of the Civil Courts ordered man to pay damages after he participated in a fraud by issuing cheques which were not honoured.…MMA EditorNovember 30, 2018
Civil LawProperty Law Court awards damages following works in adjacent property The Court concluded that once the damages were caused, the contractors who carried out the excavations were not competent in their job and therefore, should…Marthese HiliNovember 16, 2018
Civil Law Late shipment leads to revocation of contract The First Hall of the Civil Courts agreed to rescind a contract after the consignment of goods was not delivered and reduced in another consignmentMMA EditorSeptember 28, 2018
Civil LawProcedural Law Carpenter has to pay for difference of prices for replacement works The Magistrate’s Court in Gozo ordered a carpenter to pay for the difference in price of replacement of doors, after it was established that bad…MMA EditorJune 25, 2018
Civil Law When parties create a contract written part of agreement The Court heard the facts presented by the parties, which explained that the two band clubs, both found in Hal Qormi, had created a contract…MMA EditorMay 14, 2018