Civil Law If there is no fraud, the best evidence rule should apply on the quantum of a claim The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is…MMA EditorFebruary 16, 2018
Civil LawCommercial Law A hint of acceptance of a debt interrupts prescription In their application V&C held that it is owed €49996.15 by Tlata Limited, which is a balance of a current account between the two companies…MMA EditorFebruary 2, 2018
Civil LawProperty Law No need of interpretation when the wording of a contract is clear The Court does not need to try to interpret an agreement, when the wording is clear and will apply that clear wording. This was decided…MMA EditorJanuary 26, 2018
Civil Law Prescription period for compensation of works between parts, commences upon split The First Hall of the Civil Courts pointed out that the prescription period for compensation due to one partner for works carried out in the…MMA EditorJanuary 24, 2018
Civil Law Unclear claims may be deduced from premises Although a claim listed in an application may be unclear, other premises mentioned in the same application may throw light on what is being asked…MMA EditorJanuary 12, 2018
Civil Law Couple responsible for damages irrespective of subsequent separation A married couple are jointly responsible for damages caused to another property, if at the time, it formed part of their community of acquests, even…Marthese HiliDecember 22, 2017
Civil Law Period of prescription may be interrupted even after it elapses The facts of the case of Joginder Singh Dhingsa v Anthony Grech et. revolved around a sum of money amounting to €34,250. This was held by…Marthese HiliNovember 24, 2017
Civil LawProcedural Law Party cannot be in default if time period within which to reply has not elapsed A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to…MMA EditorNovember 17, 2017
Civil LawProperty Law The repossession of a property must be clearly mentioned as an action of spoliation This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application…Marthese HiliNovember 3, 2017
Civil Law Judicial review proceedings must commence within six months This was decided and delivered by Mr Justice Mark Chetcuti on 3 October, 2017, in Malta Towage Limited -v- Director of Fisheries. In the plaintiff…MMA EditorOctober 13, 2017