The Court ordered that a deposit paid on a promise of sale of a property be refunded not because of a breach of the agreement but because the agreement expired
The Court heard the counterclaim by the defendants who stated that the farm had been severely damaged by a storm and through no fault of their own
A hint of acceptance of a debt interrupts prescription
In their application V&C held that it is owed €49996.15 by Tlata...
In their application V&C held that it is owed...
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...
The Court does not need to try to interpret an agreement,...
Prescription period for compensation of works between parts, commences upon split
Whosoever, without a just cause, enriches himself to the detriment of others shall, to the limits of such enrichment, reimburse and compensate any patrimonial...
Whosoever, without a just cause, enriches himself to the...
Unclear claims may be deduced from premises
Although a claim listed in an application may be unclear, other premises...
Although a claim listed in an application may be unclear,...
A bank guarantee is an autonomous obligation
A bank guarantee is intended to allow comfort for the bank to be paid for...
A bank guarantee is intended to allow comfort for the...
Extension of contract means an increase in payment
The Court of Appeal ruled that even though there is a fixed price contract, if...
The Court of Appeal ruled that even though there is a fixed...
Couple responsible for damages irrespective of subsequent separation
In a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah...
In a Court of Appeal judgement delivered on 11 December...
Discrimination is the difference in treatment of the same situation
In a judgment delivered on 5 December in Mark Muscat v HSBC, it was held...
In a judgment delivered on 5 December in Mark Muscat v...
Rent Regulation Board, not the courts, is competent to hear all cases concerning rent
The First Hall of Civil Court decided it was not competent to hear cases concerning rent issues in the case of Joseph Sammut v Liliana Jalil
The First Hall of Civil Court decided it was not competent...
Court removes parental authority from disinterested father
A judgement delivered on 21 November in LB v Dr Christopher Chircop and PL L...
A judgement delivered on 21 November in LB v Dr Christopher...
Period of prescription may be interrupted even after it elapses
The facts of the case of Joginder Singh Dhingsa v Anthony Grech et. revolved...
The facts of the case of Joginder Singh Dhingsa v Anthony...
Party cannot be in default if time period within which to reply has not elapsed
In a family law dispute named AB v CB, the plaintiffs asked the court to remove the defendants' statement of defence and courter claim
In a family law dispute named AB v CB, the plaintiffs asked...
Parties may compete with different titles over the same properties
In a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary...
In a judgement delivered in Joseph Camilleri and Michael...
The repossession of a property must be clearly mentioned as an action of spoliation
Arnaud's mother lived in a property in Valletta but once she passed away, his sister changed the locks, not allowing him to enter
Arnaud's mother lived in a property in Valletta but...
When a customer tells a service provider to stop, it means stop
The Small Claims Tribunal ruled that with the expiration of a TV contract, it...
The Small Claims Tribunal ruled that with the expiration of...
When one plea may cancel another
A plea claiming that an action is time barred, may be cancelled if one pleads that the claim itself is overstated
A plea claiming that an action is time barred, may be...
Judicial review proceedings must commence within six months
The First Hall of the Civil Courts refused to consider whether the suspension...
The First Hall of the Civil Courts refused to consider...
An agreement must be kept, come what may
The Court of Appeal, presided by Mr Justice Anthony Ellul, ruled that an agreement of payment should be honoured, even if the services rendered were not...
The Court of Appeal, presided by Mr Justice Anthony Ellul,...
