Tuesday, March 7, 2023
The emancipation of women in Malta has been a long and ongoing process, marked by several significant milestones. Since Malta gained its independence in 1964, significant efforts have been made to promote gender equality and empower women.
Sunday, February 26, 2023
The Parties who file claims and pleas must prove to the Court their respective positions. This was held in a judgement delivered by the Magistrates Court, presided by Dr Nadine Lia, on 22 February 2023. The case is Thomas Djafari et -v- TRC Family Entertainment Limited.
Saturday, February 25, 2023
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 legally accepting the termination. This was held in Gismond Attard et -v- Yog.Art Catering Limited, decided by the Court of Appeal on 2 November 2022, presided by Mr Justice Lawrence Mintoff.
Sunday, February 12, 2023
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 General’s note. This was held in a judgement delivered by Magistrate Dr Natasha Galea Sciberras in Il-Pulizija -v- Hasan Jama Hassan decided on 6 February 2023.
Tuesday, February 7, 2023
The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the majority of the co-owners. This was held in Raymond Zisa et -v- Dr Joseph P Bonnici et noe, decided by the First Hall of the Civil Court on 1 February 2023. The Court was presided over by Judge Anna Felice.
Sunday, January 29, 2023
The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations should not be taken into account. This was held in Philippe Guillaut vs HOSI Malta Limited decided by the Civil Court First Hall, presided by Honourable Judge Christian Falzon Scerri on the 16th January 2023.
Sunday, January 22, 2023
The Court of Appeal criticised Identity Malta Agency for expecting an applicant of a single permit to leave Malta immediately after she gave birth and when the rest of her family lived in Malta. This was held in a judgement delivered by the Court of Appeal on 18 January 2023 in Cristina Catagatan -v- Identity Malta Agency. The Court was presided over by Mr Justice Lawrence Mintoff.
Sunday, January 15, 2023
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 decided by Civil Court in its family jurisdiction, presided by Judge Abigail Lofaro on 10 January 2023
Sunday, January 8, 2023
Interim measures will only be granted by the Constitutional Court when no ordinary remedy is at the disposition of the claimant
Sunday, January 1, 2023
A warrant of prohibitory injunction will only be issued by the Court when the conditions outlined in the Law are cumulatively satisfied. This was outlined in the judgement Simone Schembri vs CSJ Limited decided by The First Hall, Civil Court on 09th December 2022. The Court was presided over by Judge Audrey Demicoli.
Wednesday, December 28, 2022
Act XX of 2022 was enacted on the 20th December 2022 to partially transpose Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union into Maltese Law.
Sunday, December 25, 2022
In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe handed down by the Civil Court (Family section) the Court upheld the argument that a retrial can only be granted in exceptional circumstances and this mechanism in the law cannot be used as a means of obtaining a further stage of appeal.
Sunday, December 18, 2022
A shareholder of a company which is now struck off the Companies Register is allowed to sue directly the former directors, as long as the claim refers to the shareholder’s personal right. This was held by the Court of Appeal in Ingrid Fiorini -v- Anna Zerafa and Josianne Miceli decided on 14 December 2022.
Friday, December 16, 2022
It is not just and equitable that the applicant for a work and residence permit (a Single Permit) application must bear the responsibility for the shortcomings of his prospective employer.
Sunday, December 4, 2022
The fundamental right to a fair hearing is infringed when parties are not notified of proceedings being instituted against them.
Wednesday, November 23, 2022
The Court of Justice concluded that the provision in the Anti-Money Laundering Directive which outlines that any member of the general public can have access to information on the beneficial ownership of companies incorporated within the territory of the Member States, is invalid. The Court received two requests in separate proceedings, first between WM and Luxembourg Business Registers (‘LBR’) (Case C‑37/20) a Luxembourgish company, and secondly between Sovim SA and LBR (Case C‑601/20), its beneficial owner, to give a preliminary ruling on the access to information on the beneficial ownership of companies. LBR and Sovim SA had previously requested the Luxembourg Business Registers (LBR) to restrict the general public’s access to information concerning them on the ground that the general public’s access to that information would seriously, actually and immediately expose WM and his family to a disproportionate risk and risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation.
Sunday, November 20, 2022
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 legally accepting the termination. This was held in Gismond Attard et -v- Yog.Art Catering Limited decided by the Court of Appeal on 2 November 2022, presided by Mr Justice Lawrence Mintoff.
Tuesday, November 8, 2022
The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights of the plaintiff as provided by Article 1 Protocol 1 of the European Convention of Human Rights, but the amendments introduced by virtue of Act XXIV of 2021 do not breach these rights
Sunday, October 23, 2022
A contractual obligation is created through an agreement that is reached between two or more parties and which must be carried in good faith. Such contractual obligations are binding by law and are subject to enforcement against any party that fails to honour them.
Saturday, October 22, 2022
Recently, Malta witnessed a sudden growth in services provided by means of digital platforms. However, persons engaged to provide their services on such digital platforms remained highly unregulated, which led to numerous issues in determining the existence of an employment relationship or otherwise and consequently, the rights and obligations which would be attached thereto.
Saturday, October 22, 2022
Legal Notice 267 of 2022, the Transparent and Predictable Working Conditions Regulations transposed the EU Directive 2019/1152 on Transparent and Predictable Working Conditions in the European Union. These regulations outline the working conditions applicable to every worker in the European Union who has an employment contract or employment relationship as defined by law, collective agreements, or practice in force in each Member State. However, some provisions do not apply for seafarers or sea fisherman.
Friday, October 21, 2022
On the 21st October 2022, the Posting of Workers in Malta Regulations, Subsidiary Legislation 452.82, has been amended through Legal Notice 266 of 2022, whereby it adds Article 6A to the regulations with additional information to posted workers.
Sunday, October 16, 2022
Spouses are bound at law to be faithful to each other, however, if one of the spouses is adulterous, this does not automatically mean that that spouse is responsible for the breakdown of the marriage. The Court must see all the circumstances of the case. This was held in a Family Court judgement delivered on 27 September 2022 by Mr Justice Anthony Vella.
Thursday, October 13, 2022
To be eligible for the Startup Residence Programme an individual must satisfy the following requirements
Sunday, October 9, 2022
Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took place, the Court ordered that the statement should not be made use of. This was held in Anna Geltrude D’Amico -v- Kummissarju tal-Pulizija u l-Avukat ta’ l-Istat decided on 29 September 2022 by Mr Justice Robert Mangion presiding over the First Hall of the Civil Court in its Constitutional Jurisdiction.
Tuesday, October 4, 2022
Regulation (EU) 2020/1784 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (recast) entered into force on the 01st July 2022, across all EU Members States, with the exception of Denmark. This Regulation was adopted with the aim of improving the efficiency and expediting the transmission and service of judicial and extrajudicial documents, whilst safeguarding the privacy and personal data of the addressees.
Sunday, October 2, 2022
Care and custody is not based solely on who is the better parent, but the court must see the best interest of the child in the widest sense. This was decided by the Civil Court (Family Section) presided by Mr Justice Anthony Vella in AB -v- CD. The judgement was delivered on 27 September 2022.
Sunday, September 25, 2022
The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to be held criminally liable.
Monday, September 19, 2022
The general principle of contract of works is that if the works are carried out, then payment must be affected. This was held by Mr Justice Lawrence Mintoff presiding over the Court of Appeal in Crystal Clean Limited -v- Apparea Limited decided on 14 September 2022.
Sunday, September 11, 2022
The fact that the contracting authority did not follow anti competition recommendations does not mean that the tender should be cancelled. This was held by the Court of Appeal, presided by the Chief Justice Mark Chetcuti and Judges Giannino Caruana Demajo and Anthony Ellul on 6 September 2022. The case’s name is Vivian Corporation Limited -v- Central Procurement and Supplies Unit et
Sunday, August 28, 2022
Although individuals may have property adjacent to government land, they do not have a right to insist that the land is issued on tender and transferred to them. This was held by the Administrative Review Tribunal on 22 August 2022 in Charles Fenech and Edmea Fenech -v- Awtorita tal-Artijiet. The Tribunal was presided by Magistrate Charmaine Galea.
Wednesday, August 24, 2022
An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger. This was held in judgement delivered by the First Hall of the Civil Court in its Constitutional Jurisdiction, presided by Mr Justice Grazio Mercieca on 12 August 2022. The name of the case is Alfred Degiorgio -v- L-Avukat ta’ l-Istat.
Sunday, August 14, 2022
The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee order.
Sunday, August 7, 2022
Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused. This was held in a Court of Criminal Appeal judgement delivered on 28 July 2022 in Il-Pulizija -v- Clive Agius. The Court was presided by Mr Justice Giovanni Grixti.
Sunday, July 31, 2022
Whenever a bidder in a public call for tenders feels that a decision taken by a Contracting Authority has been unjust in its regard the first possibility for legal redress is the Public Contracts Review Board. In order for an objection before the Public Contracts Review Board (PCRB) to be valid the applicable law requires that the company submitting an objection also includes a deposit equivalent to 0.50 per cent of the estimated value set by the contracting authority of the whole tender.
Sunday, July 24, 2022
The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim. This was held by the Court of Magistrates on the 13th July 2022 in Mark Anthony Portelli vs Jean Claude Micallef. The Court was presided over by Magistrate Marse-Ann Farrugia.
Wednesday, July 13, 2022
The Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on Work-life balance for Parents and Carers, has been transposed into Maltese law on the 12th July 2022 through Legal Notice 201 of 2022 titled the Work-Life Balance for Parents and Carers Regulations.
Sunday, July 10, 2022
The Court when faced with a guilty plea must be still convinced that the charge actually exists. This was held by the Court of Criminal Appeal on 1 July 2022 in The Police -v- George-Cristian Mandrescu. The Court was presided over by Judge Edwina Grima.
Thursday, July 7, 2022
Dr Capt Francois Laffoucriere and Dr Charlene Gauci from Mifsud & Mifsud Advocates and Ms Natalie Ellis and Ms Olena Halahan from MMPS Limited have attended the Malta Superyacht Symposium on the 6th and 7th July.
Sunday, June 19, 2022
When determining whether the dismissal from employment is a fair one or otherwise, the Industrial Tribunal is obliged to verify whether the requisites and procedures outlined by the Maltese law were correctly applied by the employer. This was decided by the Court of Appeal (Inferior Jurisdiction) in the names ‘Philippe Guillaut vs HOSI Malta Limited’ on the 1st June 2022 presided by Honourable Justice Lawrence Mintoff.
Sunday, June 5, 2022
The parties to an agreement should be clear to each other and each of the parties should know precisely what their obligations and responsibilities is. This was held in a judgement delivered by the Small Claims Tribunal in MBR Publications Limited -v- Testa Catering Concepts Limited on 20 May 2022. The Tribunal was presided over by Dr Kevin Camilleri Xuereb.
Sunday, May 22, 2022
The Reputation of fellow shareholders may be considered as a grave circumstance which would allow the Court to order the liquidation of the company. This was held in Oliver Mallia -v- Cinebiss Limited et decided by Mr Justice Ian Spiteri Bailey, presiding over the Civil Court in its commercial jurisdiction, on 13 May 2022.
Sunday, May 22, 2022
Shareholders may take action against other shareholders only when it is impossible that the company will take action itself. This was held in a judgement delivered by the Civil Court (Commercial Section) presided by Mr Justice Ian Spiteri Bailey on 13 May 2022 in Ingrid Fiorini -v- Anna Zerafa and Josianne Miceli.
Sunday, May 15, 2022
The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had suspended the winding up of companies as part of the pandemic measures taken. This was held in Avv. Cedric Mifsud a nom u in rapprezentanza ta’ Commercial Aviation Services LLC -v- HI FLY Limited decided on 9 May 2022 by the Civil Court (Commercial Section). The Court was presided by Mr Justice Ian Spiteri Bailey
Sunday, May 8, 2022
If a party is representing another party in an agreement or a contract must be indicated to the Parties.
Sunday, May 1, 2022
The parties to a case cannot file another action if they are identical. This was held in Malta Association of Professional Engineers v Bord tal-Professjoni tal-Inġinerija et on 26 April 2022, by the First Hall of the Civil Court presided by Mr. Justice Robert Mangion.
Sunday, April 24, 2022
If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor will have to pay double the earnest. This was held by Magistrate Victor Axiak presiding the Magistrates Court on 11 April 2022 in Basile Elmabhouh et -v- Rashid Mohamed Sabri et.
Sunday, April 17, 2022
The jurisdiction of Tribunals are found in special law and if not found in the law, then the courts should adopt their general jurisdiction of the case before it. This was held in Corporate & Commercial FX Services Limited -v- Satabank plc decided by the First Hall of the Civil Courts presided by Judge Miriam Hayman on 1 April 2022.
Sunday, April 3, 2022
The authorities may take measures in private property in order to safeguard public health and within the pubic interest. This was held in a judgement delivered by the First Hall of the Civil Court, in its constitutional jurisdiction, presided by Judge Anna Felice, Il-Pulizija -v- Robert k/a Robbie Borg on 29 March 2022.
Monday, March 28, 2022
The right to protection from discrimination on the grounds of race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity is enshrined in Article 45 of the Constitution of Malta. The Maltese Constitution further promotes equal rights of men and women, whereby the State has a particular duty to ensure that women workers enjoy equal rights and the same wages for the same work as men.
Monday, March 28, 2022
Trade unions and employers’ associations are formed in order to protect the collective interest of their members, particularly in the event of collective bargaining. Although the EIRA regulates the status, registration and conduct of trade unions and employer’s association, it does not prescribe or regulate trade union recognition at the workplace. Following the enactment of the Recognition of Trade Unions Regulations, Subsidiary Legislation 452.112, a trade union may be recognised by an employer as the sole collective bargaining union at the place of work, following a verification process which must be carried out by the Director of Employment and Industrial Relations in accordance with the main rules established by these regulations.
Monday, March 28, 2022
Terms and Conditions of Employment - ICLG to Employment and Labour Law 2022
Sunday, March 27, 2022
The decision to impose a fine from an administrative authority may be subject to judicial review even though that fine was paid. This was held in Avukat Dr Malcolm Mifsud u Avukat Dr Cedric Mifsud -v- Il-Bord ta’ Sorveljanza dwar Sanzjonijiet, decided by the First Hall of the Civil Courts on 11 March 2022. The Court was presided over by Judge Audrey Demicoli.
Sunday, March 20, 2022
The enforcement and the collection of taxes for EU member states is based on reciprocal co-operation between the EU states. This was held in a judgement delivered on 4 March 2022 by the First Hall of the Civil Courts presided by Mr Justice Christian Falzon Scerri in Kummissarju tat-Taxxi -v- Ricardo Diaz Fernandez.
Sunday, March 13, 2022
The Office of the Arbiter for Financial Services is a self-governing and autonomous institution with the ability to arbitrate, investigate, and resolve complaints lodged by eligible customers against financial services providers regulated by the Malta Financial Services Authority (MFSA), Malta’s financial services regulator.
Sunday, March 6, 2022
When the Superior Courts are faced with an action concerning a testimony legacy, then that Court has jurisdiction to hear and decide the case, irrespective of the value of the property, which is subject to the legacy. His was held by the First Hall of the Civil Court against Antoinette Degiorgio -v- Doris Testa et on 24 February 2022.
Sunday, February 27, 2022
If a defendant to a court case fails to present a statement of defence within twenty days, the court may allow it to be presented only in exceptional circumstances.
Sunday, February 13, 2022
Civil Procedure allows Maltese courts to take cognisance of legal issue even though a written agreement may say otherwise. This as held in Seagull Maritime Security Limited -v- Unitaf PTE Limited et decided on 26 January 2022 by the First Hall of the Civil Court presided by Mr Justice Francesco Depasquale.
Monday, February 7, 2022
A landlord may not claim the rent for the full di fermo period if the same landlord had rented the property to a third party after the tenant vacated the premises. This was held in Gismond Attard -v- Yog.Art Catering Limited a judgement delivered by the Rent Regulation Board presided by Magistrate Dr Josette Demicoli on 31 January 2022.
Friday, February 4, 2022
There have been countless court cases both in the constitutional courts of Malta as well as in the European Court of Human Rights in Strasbourg in relation to Maltese legislation which enabled the conversion of a temporary emphyteusis contract converted by law to a permanent lease all without the consent of the rightful owner, for pre-1995 leases. In view of this situation a discrepancy arises between the income received in rent by a non-recognised tenant and the market value of the rental income of such property. Both Maltese constitutional courts and the Court in Strasbourg have deemed such a situation as a disproportionate burden for the landlords and by default a breach of Article 1 of Protocol No. 1 of the European Convention of Human Rights which is also part of Maltese law under the European Convention Act enacted in Malta in 1987.
Sunday, January 30, 2022
The law provides the right for owners to visit the rent property after reaching an agreement with the tenants. This was held in judgement delivered from the First Hall of the Civil Court presided by Mr Justice Francesco Depasquale on 25 January 2022 in David Pace et -v- Mary Anne Callus et.
Sunday, January 23, 2022
An appeal from an Industrial Tribunal decision must be filed within 12 days and the law does provide for any extensions. This was held in Giulia Gattuccio -v- Suda Entertainment Limited a judgement delivered on 12 January 2022 by the Court of Appeal presided by Mr Justice Lawrence Mintoff.
Sunday, January 16, 2022
Recent amendments to the Civil Code confirm that the Civil Courts have jurisdiction to decide on whether a lease agreement is valid or not. This was decided on 10 January 2022 by the First Hall of the Civil Court presided by Mr Justice Toni Abela in Ronnie Camilleri -v- Abdalhady Hamood.
Sunday, January 9, 2022
A verbal agreement following a public deed is not novation if the terms and conditions were merely modified. This was held by Judge Miriam Hayman in John Whibley -v- Gabriella Vella and Jason Pace decided on 15 December 2021.
Sunday, January 2, 2022
When the accused admits to charges, the Court of Criminal Appeal may change the punishment only if it finds an error when the sentence is given. This was held in a judgement delivered by the Court of Criminal Appeal on 22 December 2021 in Il-Pulizija -v- Firas Ale and Muhamed Teqer. The Court was presided by Judge Consuelo Scerri Herrera.
Sunday, December 19, 2021
When a contractor finishes the works he or she was engaged to carry out, he/she will be still responsible even if the works have been accepted and paid. This was held in Aldo Vella and Sandra Vella -v- Quadrant Limited and Woodlands Investment Limited decided on 9 December 2021 by the First Hall of the Civil Court presided over by Mr Justice Grazio Mercieca.
Tuesday, December 14, 2021
Article 48 of the Civil Code lists the consequences if a party to a separation action is found responsible for the break up. This was held by the Civil Court, Family Section, presided by Judge Abigail Lofaro on 2 December 2021 in AB -v- CB.
Sunday, December 5, 2021
Fund administrators and trustees of pensions funds must carry administer the investments in a diligent manner and not depend solely of what third party advisers recommend. This was held in a Court of Appeal judgement delivered on 26 November 2021 in Jane Coleman -v- STM Malta Trust Company Management Limited. The Court of Appeal was presided by Mr Justice Lawrence Mintoff.
Sunday, November 28, 2021
The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses. This was held in a decree AB -v- Dr CB on 23 November 2021 by the Family Court presided by Mr Justice Anthony Vella.
Sunday, November 14, 2021
Damages caused by a incompetent contractor, will be charged to the party who engaged that contractor. This was held in a Court of Appeal judgement on 5 November 2020 in Lucia Fenech -v- Christopher Frendo and Y Projects Limited called into suit. The Court of Appeal was presided by Mr Justice Lawrence Mintoff.
Sunday, November 7, 2021
The Courts may be faced with a situation whether it would be best to wait for the outcome of another case. However, this is not provided in the law and is used in exceptional cases. This was held in No Deposit Cars Malta Limited -v- Ina Gherghel and Gosmin Paul Gherghel decided on 1 November 2021 by the Magistrates Court presided by Magistrate Dr Rachel Montebello.
Sunday, October 31, 2021
Authorities cannot reply merely on third party complains when it revokes decisions it had previous taken. This was held by the Court of Appeal, presided by Mr Justice Lawrence Mintoff on 20 October 2021 in Joseph Borg -v- Awtorita ghat-Trasport f’Malta.
Sunday, October 24, 2021
The Court may rest solely on the plaintiff’s evidence, even if the Defendant gives another version of events. This was held in Metropolis Development Limited -v- Professor Erik van Egeraat and Erick van Egeraat Beheer BV on 19 October 2021 by the First Hall of the Civil Courts presided by Judge Anna Felice.
Sunday, October 17, 2021
The law provides that creditors of a company which had been struck off from the Companies Register may be revived to be able to pay a debt. This was held by Mr Justice Ian Spiteri Bailey in APS Bank plc -v- Ir-Registratur tal-Kumpaniji decided on 11 October 2021.
Sunday, October 10, 2021
Professionals who apply for a warrant must show that they have obtained the required academic qualifications. This was held in a decision delivered by the Administrative Review Tribunal on 4 October 2021 in Louis Borg -v- Il-Bord tal-Professjoni tal-Inġinerija. The Tribunal was presided by Magistrate Dr Charmain Galea.
Sunday, October 3, 2021
The fact that the lessor accepted the rent for several years, even though there was a breach of the lease conditions on the part of the lessee, has its consequences. This was held in a judgement delivered on 27 September 2021 in Bonnici & Zahra Limited -v- Caros Holdings Limited by the Rent Regulation Board presided by Magistrate Dr Josette Demicoli. The Applicant Company filed an application wherein it explained that the Parties entered into a lease agreement with Caros Holdings to rent out a commercial complex in Qormi. The lease agreement was signed in 2000 and during these 20 years the lease agreement was extended.
Sunday, September 26, 2021
Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation. This was held in Ivory Venue Limited -v- L-Awtorita tal-Artijiet, a decision delivered by the Lands Arbitration Board presided by Magistrate Dr Simone Grech, on 17 September 2021.
Sunday, August 29, 2021
European Arrests Warrants system within the European Union is based on the mutual trust that the judicial authorities have with one another. This held in a Court of Criminal Appeal judgement delivered by Mr Justice Aaron Bugeja in The Police -v- Marek Drga, delivered on 6 August 2021.
Wednesday, August 25, 2021
In order to support employees and businesses during the COVID-19 emergency, the Government of Malta introduced the COVID Wage Supplement benefit. This benefit which shall be offered until the end of 2021, provides a basic wage cover to be paid by the employers to employees. However, as of 1 July 2021, those businesses whose financial position is the least affected by the COVID-19 pandemic will no longer be eligible for such benefit.
Wednesday, August 25, 2021
Employment-related complaints are lodged before the Industrial Tribunal. The latter has exclusive jurisdiction to hear cases instituted by employees in relation to unfair dismissal, trade disputes and other employment law disputes such as those related to discrimination, harassment and victimisation. When dealing with cases relating to conditions of employment, the Industrial Tribunal will be composed of a Chairperson. However, when tackling cases relating to industrial disputes, the Industrial Tribunal is composed of a Chairperson and two other members selected by the Chairperson of the Tribunal.
Wednesday, August 25, 2021
In an employment relationship, employers and employees take on the roles of data controllers and data subjects, respectively. An employer would be under the obligation to process any personal data pertaining to the employee in virtue of the Data Protection Act (hereinafter referred to as ‘DPA’), Chapter 586 of the Laws of Malta and the European Union General Data Protection Regulations (hereinafter referred to as ‘GDPR’).
Wednesday, August 25, 2021
Restrictive covenants such as non-compete and non-solicitation clauses are not regulated by Maltese law. The recognition of such clauses by Maltese courts is limited in nature and jurisprudence has held that such clauses may only be enforced if their applicability is proportional in nature.
Wednesday, August 25, 2021
Employees are only given notice of termination of their employment in the case of indefinite contracts. Such notice period must be given in the case of redundancies or resignations, however, no notice period is applicable when the termination of employment is done for a good and sufficient cause. The notice period given is based on the duration of employment of the employee, however it may never exceed a total of 12 weeks. Longer notice periods may be agreed in the contract of employment when the employee holds a technical, executive, administrative or managerial role.
Wednesday, August 25, 2021
In terms of the Transfer of Business (Protection of Employment) Regulations, Subsidiary Legislation 452.85, employees are automatically transferred to a transferee upon the transfer of a business.
Wednesday, August 25, 2021
In virtue of the Protection of Maternity (Employment) Regulations, Subsidiary Legislation 452.91, an employee is entitled to an uninterrupted period of eighteen (18) weeks of maternity leave.
Tuesday, August 24, 2021
The right to protection from discrimination on the grounds of race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity is enshrined in Article 45 of the Constitution of Malta. The Maltese Constitution further promotes equal rights of men and women, whereby the State has a particular duty to ensure that women workers enjoy equal rights and the same wages for the same work as men.
Tuesday, August 24, 2021
Trade unions and employers’ associations are formed in order to protect the collective interest of their members, particularly in the event of collective bargaining. Although the EIRA regulates the status, registration and conduct of trade unions and employer’s association, it does not prescribe or regulate trade union recognition at the workplace. Following the enactment of the Recognition of Trade Unions Regulations, Subsidiary Legislation 452.112, a trade union may be recognised by an employer as the sole collective bargaining union at the place of work, following a verification process which must be carried out by the Director of Employment and Industrial Relations in accordance with the main rules established by these regulations.
Tuesday, August 24, 2021
The Employment and Industrial Relations Act (hereinafter referred to as the ‘EIRA’), Chapter 452 of the Laws of Malta serves as the main source of Maltese employment law. The EIRA provides the basic legal framework, regulating the main conditions of employment in Malta. Specific areas of employment law are in turn regulated by various subsidiary legislations promulgated under the EIRA, as the latter transposed a number of different directives of the European Union.
Tuesday, August 24, 2021
Teachers must hold on to the requisites of their warrant throughout their career, which includes not to be found guilty of a crime which brings a punishment of one year’s imprisonment or higher. This was held in an Administrative Review Tribunal decision delivered on 9 August 2021 in Jesmond Gauci. The Tribunal was presided by Magistrate Dr Simone Grech.
Sunday, August 15, 2021
The offence of harassment requires the principle of this offence to behave in such a way with the intention of causing the harassment. The harassment needs to result from repetitive deliberate behaviour, with the intention to annoy a person. A distinction should be made between harassment and a mere inconvenience. This was held in a Court of Magistrates as a Court of Criminal Judicature judgement, presided by Magistrate Dr Simone Grech in ‘Il-Pulizija v. Justin Cutajar’. This judgement was delivered on the 28th July 2021.
Friday, August 13, 2021
These amendments were enacted through Act XXXII of 2021 which came into force on 18th June, 2021. Appeals filed before the coming into force of these amendments, as well as cases adjourned sine die, shall be regulated by the law which was in force prior to these amendments.
Friday, August 13, 2021
As of 6th July, 2021 amendments to the Aviation Registration Act have come into force. These amendments seek to bring Maltese legislation further in line with the EU’s “Regulation 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency”, and to formalise the procedures for registration of aircraft. In practice these amendments add clarity to the procedures in relation to an irrevocable de-registration and export request authorisation (IDERA) and the role of the Director General responsible for civil aviation in respect of such IDERAs. The amendments add to the definition of what an aircraft is for the purposes of CAP. 503. Another change is that the Maltese register is now named the Malta Aircraft Register.
Friday, August 13, 2021
On the 9th of March 2021 the Use of Cash (Restriction) Regulations came into force. These Regulations render the transfer in cash of €10,000 or more unlawful as from the date that the Regulations came into force. For the purposes of these Regulations the term cash means physical notes and coins and therefore excludes payments made by cheque, card, bank transfer or other electronic means of transfer.
Sunday, August 8, 2021
The warrant of prohibitory injunction prevents a person or entity from doing anything that may be prejudicial to the person requesting such warrant. The applicant must prima facie prove that his rights were prejudiced to substantiate the issuance of such warrant. This was held in a judgement delivered by the Civil Court First Hall in Tonio D’Amato v. Soċjeta’ Ċentru Rekrejattiv Guy Boċċi Club Żurrieq et, on the 20th July 2021. The Court was presided over by Mr Justice Francesco Depasquale.
Sunday, August 1, 2021
The defence of impossibility in criminal proceedings does not eliminate criminal responsibility. This was held in a Court of Criminal Appeal judgment presided by Mr Justice Giovanni Grixti in Il-Pulizija –v- Donald Gilford. This judgement was delivered on 26 July 2021.
Sunday, July 25, 2021
If the accused understand that the charges he is admitting to, then that guilty plea is valid at law and cannot be overturned. This was held in a judgement delivered by the Court of Criminal Appeal in Il-Pulizija -v- Yunus Yusif on 19 July 2021. The Court was presided over by Mr Justice Giovanni Grixti.
Sunday, July 4, 2021
When one alleged that a contract was obtained by fraud, then that party must prove that the fraud is of a serious nature, which is detrimental to the conclusion of the contract. This was held in Emanuela sive Nathalie Vella -v- Carmelo sive Karl Catania on 30 June 2021 by Madame Justice Anna Felice presiding the First Hall of the Civil Court.
Sunday, June 27, 2021
The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent. This was held by the Court of Appeal on 23 June 2021 in Albert Naudi et -v- Patricia Gauci and Awtorita tad-Djar. The Court of appeal was presided by Mr Justice Lawrence Mintoff.
Sunday, June 20, 2021
Parties subject to an administrative decision must first avail themselves of the ordinary remedies at their disposal before filing for a judicial review before the Courts. This was held in a judgement delivered on 10 June 2021 in Joseph Gheiti u Sansone Cruises Limited -v- L-Awtorita ghat-Trasport f’Malta. The judgement was delivered by the First Hall of the Civil Courts presided by Mr Justice Joseph Micallef.
Sunday, June 13, 2021
Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure. This was held in Pawla Zerafa et v Raymond Formosa et decided on 20 May 2021 by the First Court of the Civil Courts presided by Judge Joanne Vella Cuschieri.
Sunday, May 30, 2021
The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a criminal or civil law nature. This was held by Magistrate Donatella Frendo Dimech in Il-Pulizija -v- Paul Spiteri and Dolores Spiteri. The judgement was delivered by the Magistrates’ Court on 13 January 2021.
Sunday, May 23, 2021
Although the charge of pretended rights is a crime, it is not far off from rights that emerge from civil law. This was held in Il-Pulizija -v- Paul Agius, Joseph Agius and Emanuel Agius, decided on 19 May 2021 by Magistrate Dr Donatella Frendo Dimech presiding of the Magistrates’ Court in its criminal jurisdiction.
Sunday, May 16, 2021
When resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal. This was held in a decision delivered by the Industrial Tribunal chaired by Mr Joseph Gerada on 7 May 2021 Doreen Saliba -v- Foster Clark Products Limited.
Sunday, May 9, 2021
The involvement of a third party in a contract of works puts in doubt the juridical relationship between the parties. This was held in Rasem Al Soulaiman v Marija Caruana, Adrian Busietta and Castello dei Baroni Limited decided on 5 May 2021 by the Court of Appeal presided by Mr Justice Lawrence Mintoff.
Sunday, April 25, 2021
The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion. This was held in a judgement in the names of Claudette Camilleri -v- Christopher u Sven ahwa Camilleri et, decided on 22 April 2021 by the First Hall of the Civil Court presided over by Madame Justice Joanne Vella Cuschieri.
Sunday, April 18, 2021
There is a distinction between civil and criminal proceedings when analysing whether the case took a reasonable time because, in criminal proceedings there may be a loss of liberty. This was held in a constitutional judgment delivered by the First Hall of the Civil Courts on 13 April 2021 presided by Madame Justice Anna Felice in Noel Xuereb -v- Avukat Generali u Kummissarju tal-Pulizija.
Wednesday, April 7, 2021
Accidents do happen, however, very few realise that there may very serious consequences of these accidents. Trips and slips accidents is a category which more often than are overlooked and not taken as seriously. However, these accidents may be serious enough to be life changing for those who suffer injuries and there are legal norms that have to be taken into consideration to prevent these accidents and if they do take place, there are legal consequences.
Sunday, April 4, 2021
When examining whether there was a fair trial, a constitutional court will not only examine what took place before or during the court proceedings but also after and whether a judgement may be enforced. This was held by the First Hall of the Civil Court in its constitutional jurisdiction presided by Mr Justice Grazio Mercieca, in a case decided on 26 March 2021 Peter Paul Lanzon et -v- L-Avukat ta’ l-Istat u Socjeta Filarmonika GM Fra Antoine de Paule.
Sunday, March 28, 2021
A commercial account between two companies starts not when the order was effected but when the account is liquated. This was held in a judgement delivered on 23 March 2021 by Madam Justice Joanne Vella Cuschieri presiding of the First Hall of the Civil Court in Hal Far Quarries Limited -v- Mangion Bros (Zurrieq) Limited.
Sunday, March 21, 2021
The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not to allow the abuse of these warrants
Tuesday, March 16, 2021
From the outset, March proposed to be a challenging month for the pandemic in Malta. In fact it took a turn for the worse and restrictions were placed once again to suppress the ever-increasing numbers of Covid-19 infections. Such measures take the form of Legal Notices which are usually issued by the Minister responsible for Health. However, in this case since the restrictions being taken concern national health such legal notices are issued either by the Minister for Health after consultation with the Superintendent of Health or by the Superintendent of Health herself. These legislative powers stem from Articles 26 and 27(c) of the Public Health Act Chapter 465 of the Laws of Malta.
Sunday, March 14, 2021
The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review
Sunday, March 7, 2021
The Court held that an appeal from an Arbitration award was inadmissible at law because it dealt with the merits of the case and not on a point of law
Sunday, February 21, 2021
An order to be maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offence
Sunday, February 14, 2021
A law firm engaged by shareholders to set up a company and other services cease when the company is eventually struck off
Friday, February 12, 2021
The term ‘care and custody’ is not defined under Maltese law. It refers to the significant role that both parents have towards the upbringing and day to day care of their children. In a typical family unit, the care and custody of the children is the responsibility of both parents jointly and entails having both physical and legal custody of the children.
Sunday, February 7, 2021
The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants
Sunday, January 31, 2021
A lease of a commercial premises will be terminated if it is not being made use of
Sunday, January 24, 2021
The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies
Sunday, January 17, 2021
A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear case
Sunday, January 10, 2021
The crime of usury take place even before the transaction, but upon the agreement that the repayment or reward would be higher than 8%
Tuesday, January 5, 2021
Creditors may face difficulties in retrieving the sum owed to them by a debtor and one of the reasons is that the debtors’ assets would not be found in Malta. Even with a judgement in favour of the creditor from the Maltese Courts, it can be difficult for them to attack a debtors’ assets which are not held locally due to the the time and money involved in instituting intermediary proceedings in a foreign court in order for the Maltese judgement to be recognised and subsequently enforced. Such court cases are referred to as exequatur proceedings, which refer to cases where a Court of one EU member state would need to recognise the judgement of another EU member state and declare its enforceability. This provides an extra hurdle for the creditor, since the debtor would have the opportunity to oppose the enforceability of the judgement against him in such other country.
Tuesday, January 5, 2021
On the 9th December the Chamber of Advocates circulated a letter sent by the Office of the State Advocate informing fellow colleagues with the changes affecting the service of documents and taking of evidence once the United Kingdom effectively leaves the EU on the 31st December 2020.
Monday, January 4, 2021
Malta is open to investment by foreign companies and we facilitate foreign companies’ transition and business activities in Malta. Malta is known to have a Regulator, such as the Malta Financial Services Authority, which has an excellent international reputation. MFSA is also known to be open to assist in difficulties that may arise from time to time. Malta’s size helps in this regard as the Regulator usually has a structure that makes it accessible and efficient in dealing with issues that crop up from time to time. Therefore, Malta could be described as a welcoming jurisdiction to serious business and commerce.
Sunday, January 3, 2021
There is no legal right for anyone to object to road markings on the ground that one wants to park precisely in front of the one’s home
Sunday, December 27, 2020
This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction
Wednesday, December 16, 2020
Those individuals who have been given social benefits but then discovered that they were not entitled to them, should refund the government the amount which was taken
Sunday, December 13, 2020
The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence
Friday, December 11, 2020
While the financial services sector in Malta continues to deal with the economic fallout caused by COVID-19, ever-changing regulations and the effects of reputational damage, Dr Malcolm Mifsud, Founding Partner at Mifsud & Mifsud Advocates, sheds light on the role of the Financial Intelligence Analysis Unit (FIAU), and how the national regulator is also subject to checks and balance.
Sunday, December 6, 2020
Case filed Giulia Gattuccio against her former employer Suda Entertainments Ltd, claiming unfair dismissal
Sunday, November 15, 2020
Investment companies should inform their customers on how their investment is developing in order to allow them to take educated decisions and query investment brokers on their investments
Monday, November 9, 2020
The commercial real estate industry is exclusively used for business-related purposes or to provide a workspace to business owners. Although some businesses would seek to buy their own property most often, commercial real estate is leased to tenants to conduct their business activities. This category of real estate can be very broad and includes several economic industries, such as retailers, office spaces, hotels and resorts, shopping centres, restaurants as well as healthcare facilities.
Sunday, November 8, 2020
Courts and administrative tribunals must take into consideration all the documents it has before it when finalizing its decision
Sunday, November 1, 2020
The Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced
Monday, October 19, 2020
A word of warning: an innocent share of the content can lead to some pretty heavy consequences
Sunday, October 18, 2020
For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed
Sunday, October 4, 2020
The Court may apportion the court costs of a case to both parties and not necessarily to the party that lost the case
Friday, September 25, 2020
A ‘force majeure’ clause is commonly inserted in contracts as a means to excuse the performance of a contract on the basis of a defined set of circumstances, which could include but are not limited to wars, acts of God such as floods, earthquakes, etc. A ‘force majeure’ clause is therefore invoked by parties to be released from executing their obligations.
Sunday, September 20, 2020
If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child Abduction, the other parent may not be reunited with the child, if the parent decides not to return to Malta
Sunday, September 6, 2020
The law makes a difference between endorsed bills of exchange and those which are not endorsed
Sunday, September 6, 2020
If one party to agreement wants to re-discuss any terms, the agreement is still valid at law
Sunday, September 6, 2020
If one party to agreement wants to re-discuss any terms, the agreement is still valid at law
Friday, September 4, 2020
The payment of a deposit before the first sitting of an appeal is essential as it guarantees the court expenses, without which the appeal will be deemed to have been deserted
Friday, August 28, 2020
Transport Malta was justified to limit the berthing of a water sports vessel to one bay, since the safety requirements dictated this
Tuesday, August 25, 2020
COVID-19 has created chaos across the board. Everyone has had to learn how to adapt in the circumstances and this has presented a number of challenges. Apart from the daily life disruption, the pandemic has increased the stress on a number of businesses. Very few have sailed by unaffected and even those which faced a minimal or negligible impact have had to ensure that they are on the look out for any changes that have to be integrated.
Saturday, August 22, 2020
Appeals from the Medical Council can take place only if it concerns the cancellation of a medical practitioner ‘s registration
Friday, August 14, 2020
The Lands Authority have a legal duty to decide on all aspects of public property and had a right to refuse an application to increase demarcation of a development
Friday, August 7, 2020
Although there is no legal definition of what negligent driving and dangerous driving is, the Court must see the degree of recklessness one uses when the accident occurred to decide which one of the two apply
Friday, July 31, 2020
If a debtor claims that the debt is paid through a set-off then it is the debtor who has to prove this and not the creditor
Thursday, July 30, 2020
The Posting of Workers in Malta Regulations (Subsidiary Legislation 452.82) aims to guarantee an appropriate level of protection of the rights of posted workers for the cross-border provision of services and establish a set of appropriate provisions, measures and control mechanisms necessary for better and more uniform implementation, including measures to prevent and sanction any abuse and circumvention of the applicable rules.
Friday, July 17, 2020
Proved physical and psychological violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions. This was held by the Family Section of the Civil Court presided by Judge Abigail Lofaro on 7 July 2020 in a case ABC -v- DE. The plaintiff, a 71-year-old, submitted in his application that he got married to the defendant, 20 years his junior, in April 2015. He complained that he suffered from physical and psychological violence from the defendant, so much so she was evicted from the matrimonial home, following a number of police reports. He therefore, asked the Court to declare the separation of both of them. The Plaintiff filed an affidavit explaining that he had met the defendant in 2011, when she was on holiday in Malta and from there blossomed a relationship, where he visited her country of Slovenia a number of times. The plaintiff had no interest to marry, but the defendant insisted that they do and she put constant pressure on him. He realised that he could not get rid of her and felt afraid of her.
Friday, July 10, 2020
It is prevalent for agreements of a commercial nature to contain a jurisdiction clause, particularly when the parties or entities concerned would be operating on an international level. The term ‘jurisdiction’ refers to the authority given by law to a court to hear and decide legal disputes within a particular geographic area and/or over certain types of legal cases. A jurisdiction clause, also known as a dispute resolution clause, identifies how and where disputes arising from the agreement (if any) are to be determined. When parties decide to include a jurisdiction clause at the outset of an agreement, it is important to ensure that the way the jurisdiction clause is worded clearly outlines the intention of the parties and would not create difficulties of interpretation. Formulating a jurisdiction clause which poses difficulties of interpretation could result in the parties having to enter costly and lengthy legal proceedings purely based on determining whether the Court has jurisdiction to hear the dispute. It is only after the jurisdictional issue is resolved that the parties would be able to institute proceedings for the Court to determine the matter of contention between the parties. A delay in these circumstances could result in the aggrieved party suffering additional losses.
Friday, July 10, 2020
Damages may ensue as a consequence when someone fails to fulfil his or her obligations.This was held in Darren Abela -v- Carmelo Muscat et on 1 July 2020 before the First Hall of the Civil Court presided by Madame Justice Anna Felice. In his application, Abela explained that the parties had entered into a promise of sale agreement on 24 July 2017 to purchase a property in Mgarr.This promise of sale agreement was extended a number of times, but last expired on 30 November 2018 and Muscat failed to appear for the contract.Muscat explained that he first needed his sister’s authorisation and a further payment of €30,000. The plaintiff did not agree.
Friday, July 3, 2020
The four-month period in which a former employee may file an Industrial Tribunal action against the former employer starts on the last day of work.This was held by the Court of Appeal on 12 June 2020 in Doreen Saliba v Foster Clark Products Ltd.Saliba had filed an action before the Industrial Tribunal after she felt that she was forced to resign and therefore is alleging that there was a case of constructive dismissal.The company pleaded that the action was time barred in terms of Article 75 (3) of the Employment and Industrial Relations Act, since the case was filed beyond four months when Saliba had tendered her resignation.The Industrial Tribunal in its award held that Article 75 (3) of the Act precludes the Tribunal to hear a case which is presented after four months. Saliba presented her resignation on 23 August 2018, worked her notice period until 26 October 2018 and presented the case on 22 January 2019.The Company argued that the case should have been presented four months from 23 August 2018.
Friday, June 26, 2020
Authorities are bound at law to give all vital information to the public in order for the public to conform with regulations. This was held in a judgement delivered by the Court of Appeal, decided on 12 June 2020, presided by Mr Justice Lawrence Mintoff in Urs Schwinger -v- Transport Malta and Ministeru ghall-Finanzi.The Ministry of Finance had appealed from a judgement of the Administrative Review Tribunal, where the Tribunal had upheld a claim of Mr Schwinger.
Wednesday, June 24, 2020
All places of work should offer a safe working environment, whereby employers and employees will be able to carry out work efficiently and productively, free from any type of harassment.
Friday, June 19, 2020
The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in a judgement delivered by Madame Justice Joanne Vella Cuschieri on 5 June 2020 in Iris Cauchi et -v- Carmel Abela. The Cauchis filed a sworn application before the First Hall of the Civil Courts, in which they explained that they are the owners of land in Zejtun which is now being used as an animal farm. In 2013 they called on Abela to terminate the lease and therefore, they asked the court to order the defendant to vacate the premises since he is without a title.
Saturday, June 13, 2020
The Court of Criminal Appeal switched the punishment of a person who was first awarded a suspended sentence, since this was not permitted at law. This was held in a judgment on 2 June 2020 by Madame Justice Consuelo Scerri Herrera in Il-Pulizija -v- Rodrick Zahra and Ruth Spiteri. The two accused were charged for a number of thefts of gas cylinders in 2017 in various localities in Malta. Spiteri was also charged on breaching a conditional discharge given in a previous judgment in terms of Article 22 of the Probation Act.
Monday, June 8, 2020
When awarding a punishment in criminal cases, the courts have to keep in mind that there are three principles. This was held on 20 May 2020 by Magistrate Dr Joseph Mifsud in Il-Pulizija -v- Mario Grima. Grima was accused of a number of thefts in Valletta in October and December 2019 and in January and March 2020.He admitted to the charges brought against him.The Court pointed out that the procedure stipulated in Articles 453(1) and 392A of the Criminal Court were strictly adhered to, in that the accused was given chance to reflect on whether he wanted to confirm his guilty plea, which he did.
Friday, May 29, 2020
The Court of Criminal Appeal overturned a conviction of a mother, since the CCTV footage of an incident with her sons, are not compatible with their account of what took place by her children. This was held in a judgement delivered in a case Pulizija -v- Omissis (the Court banned the names of the parties) on 14 May 2020. The Court was presided by Madame Justice Consuelo Scerri Herrera. The mother was found guilty of causing slight bodily harm to her two sons in August 2017. The Magistrates Court awarded her a two-month conditional discharge, however, she appealed the judgement on the grounds that the judgement was null and void and that the lower court did not carry out a proper evaluation of the facts of the case.
Tuesday, May 26, 2020
Malta has long been considered as a maritime hub thanks to its position in the middle of the Mediterranean Sea. Many owners seek to register their vessels under the Maltese flag, due to the numerous advantages which it has to offer. Such registration is further encouraged by the straightforward vessel registration procedure in Malta, which we will further analyse in this article.
Friday, May 22, 2020
The Companies Act allows the Court to have a wide discretion to appoint administers of companies in liquidation. This was held in a judgement delivered by the First Hall of the Civil Courts, presided by Mr Justice Joseph Zammit McKeon on 6 May 20202 in a case, HSBC Bank Malta plc -v- The Golden Shepherd Group Limited. HSBC filed an application to the court asking the court to appoint an administer in terms of Article 228 of the Companies Act in the stead of the current director Dr Frank Portelli.
Friday, May 15, 2020
A father was declared the natural father of a minor child, irrespective of the fact that the mother’s husband had adopted the same child. This was held in a judgement delivered by the Family Section of the Civil Court in AB -v- CD and FD et, presided by Mr Justice Anthony Vella. This judgement was delivered on 30 April 2020. AB, told the court in his application that in 2014, his partner CD, gave birth to their son. A year later the mother married FD. Recently he was informed that when the minor child was born his birth certificate read ‘unknown father’. The mother had a relationship with the Plaintiff, AB, before her marriage and also after. Again the Plaintiff learned that the mother’s husband is now registered as the father of the child. He asked the court to declare him as the father of the child.
Friday, May 8, 2020
When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is purchased
Friday, May 1, 2020
A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie investigation it is no longer necessary
Tuesday, April 28, 2020
Il-Covid-19 poggiet pressjoni finanzjarja fuq hafna. L-gheluq ta’ ajruporti, hotels, bars u ristoranti u bosta postijiet tax-xoghol fisser li hemm min tilef l-impjieg tieghu ghal kollox jew kellu jaccetta riduzzjoni fil-paga f’termini tal-pakketti ta’ assistenza governattiva. Ghal dawk li kull xahar ihalsu manteniment versu l-konjugi jew it-tfal taghhom certament ser ihossu l-piz u ser isaqsu jekk jistax isir xi haga fic-cirkusatanzi.
Tuesday, April 28, 2020
COVID 19 has put financial strain on many. The closure of our airports, hotels, bars and restaurants and many places of work has meant that there are those who have had their jobs terminated or else have agreed to reduce their pay in terms of the government assistance packages. Those who pay monthly alimony or maintenance towards their spouses or their children, will certainly feel the pressure and may ask whether anything can be done.
Monday, April 27, 2020
The COVID 19 pandemic has brought about a number of restrictions to our daily lives. This has been done to ensure our own safety from the Corona Virus, which has taken thousands of lives worldwide. The Superintendent of Public Health has given a number of orders ranging from orders relating to public gatherings to closure of non-essential establishments. In order to ensure that these orders are observed, new legislation has introduced new offences against anyone who disobeys these orders.
Friday, April 24, 2020
Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated
Friday, April 17, 2020
The fact that the government puts asphalt on a private road, does not convert the road into public property
Tuesday, April 14, 2020
COVID-19 has put a strain on many aspects of our daily lives. It has put additional pressure on already difficult situations as when a parents have visitation rights of his/her children. Apart from the emotional side, there are legal aspects that we shall attempt to give an insight in this short write-up.
Tuesday, April 14, 2020
Il-Covid-19 tefa’ piz fuq diversi aspetti tal-hajja kwotidjana taghna. Tefa’ pressjoni addizzjonali fuq sitwazzjonijiet li diga’ kienu difficli kif kienu, bhal meta genituri jkollhom d-dritt ta’ access ghal uliedhom. Aparti l-lat emottiv, jezistu aspetti legali wara din is-sitwazzjoni, li permezz ta’ dan l-artiklu ser nipprovaw nghaddu ftit gharfien dwarhom.
Friday, April 10, 2020
The civil court should always follow its procedure, even if a constitutional law issue is raised
Friday, April 3, 2020
A warrant of prohibitory injunction may be issued once that the three elements are all adhered to
Wednesday, April 1, 2020
As time goes by, the economy continues to be largely impacted by the COVID-19 pandemic. As employers and employees seek to understand the way forward in this situation, the Department of Industrial and Employment Relations has issued the following Frequently Asked Questions to assist them in finding a solution in these uncertain times:
Friday, March 27, 2020
The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further
Tuesday, March 24, 2020
As the far-reaching impact of COVID-19 is felt around the world, society at large is still coming to terms with the fact that the implications of this pandemic go beyond the direct effect on our health, but that unfortunately it will also leave an impact on our economy.
Tuesday, March 24, 2020
Malta promulgated laws enabling spouses to attain divorce by virtue of Act XVI of 2011. Divorce is the legal dissolution of marriage by a Court of law, following which either spouse may choose to remarry.
Monday, March 16, 2020
Mifsud & Mifsud Advocates would like to inform its client of the following directive issued by the Identity Malta Agency following the outbreak of the Coronavirus Disease (COVID-19):
Friday, March 13, 2020
In view of the developing situation concerning Covid-19, the team at Mifsud & Mifsud feels that it has to take responsible precautions in the interests of public health. For this purpose, the team will be carrying out its work remotely from home throughout the coming week - a work procedure for which we are fully set up for.
Thursday, March 12, 2020
As COVID-19, most commonly known as the Coronavirus, spreads at a rapid rate around the world, and now also in Malta, employers and employees are left with a multitude of questions as to how to tackle this situation appropriately. Taking on a “business as usual” attitude can prove to be quite difficult, especially when there are no fixed guidelines in place which may be followed in such circumstances.
Friday, March 6, 2020
The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer economic prejudice should the appeal not be heard immediately
Friday, February 28, 2020
Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by auction, then the provisions of Article 258 of the Code of Organisation and Civil Procedure, do not apply
Friday, February 21, 2020
The Administrative Review Tribunal is competent to hear and decide any administrative act or measure taken by a public authority
Friday, February 14, 2020
When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debt
Friday, February 7, 2020
EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best interest to continue to have a relationship with their grandparents
Friday, January 31, 2020
When one signs an agreement that would be an indication that he or she would be agreeing to all the terms of the agreement
Friday, January 17, 2020
Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that in the case of doubt the judge should decide against this plea
Friday, January 10, 2020
An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be rejected by the Court of Appeal
Friday, December 20, 2019
For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe and satisfactory
Thursday, December 19, 2019
The falling out of any two spouses may be a messy affair. Questions of the heart more often than not, supersede legal considerations. Any matrimonial dispute may take over every aspect of one’s life, such as the future of the children, financial instability and also where one is to live. An added consideration for those who are in business is whether a personal separation will affect the future of the business, the assets and liability of that business, and how partnerships are going to be effected by such a split.
Saturday, December 14, 2019
"Set up in 2007 by its two founding partners, Dr Malcolm Mifsud and his brother Dr Cedric Mifsud, Mifsud & Mifsud Advocates is a multidisciplinary, boutique law firm. Specialising in nice sectors such as Maritime and Yachting, as well as in litigation and corporate law, the firm prides itself on offering clients a bespoke, solutions-oriented approach that is built on the cornerstones of honesty and integrity."
Friday, December 6, 2019
Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason', it has been established that a warrant can only be attacked on the basis of a mistake or error in its form on the basis of this article
Wednesday, December 4, 2019
The Council of Europe Convention on preventing and combating violence against women and domestic violence under Article 3(d) defines ‘Gender-based violence against women’ as: ‘violence that is directed against a woman because she is a woman or that affects women disproportionately
Friday, November 29, 2019
Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one
Friday, November 15, 2019
An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity
Friday, November 8, 2019
The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 2lst June 1979, the emphyteuta shall be entitled to continue to occupy the house under a title of lease after the contract expires
Friday, November 1, 2019
The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposal
Friday, October 25, 2019
If the Court establishes that a bill of exchange has an element of usury, then it is empowered not to render it enforceable
Friday, October 18, 2019
The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the publication of the relevant public act needed in virtue of Article 763
Friday, October 11, 2019
The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them
Friday, October 4, 2019
The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement
Friday, September 27, 2019
The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to take cognizance of the matter, is invalid
Friday, September 20, 2019
The Court concluded that the defendant did not adequately prove that the plaintiff was in mala fede. It held that it was clear that the plaintiff had nothing to hide and had been making the loan payments and was entitled to reimbursement
Monday, September 16, 2019
The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye was injured but no permanent damage or scars were caused
Friday, August 30, 2019
The Court applied a legal principle where the use of a document which is obviously false, is not a crime, finding the two accused not guilty of the two charges, but confiscated the documents
Monday, August 12, 2019
The Convention on the Rights of the Child only pertains to States, and not individuals
Friday, August 2, 2019
The Tribunal held that in this case, it was clear that the applicant was genuine, and even emailed the Minister explaining the issue at hand, furthermore, the Tribunal held that the mix up was solely attributed to the fact that Transport Malta misguided the applicant
Friday, July 26, 2019
The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the issue rather than imposing further costs on the plaintiff to simply have the case decided by a different Court
Saturday, July 20, 2019
The Magistrates Court took into consideration the long-standing tradition that takes place in feasts and the public safety in considering criminal charges
Saturday, July 13, 2019
While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that the medical procedure was carried out with the necessary skill and diligence of the best practices accepted by medical science
Saturday, July 6, 2019
A union cannot finalise an agreement with an employer without the explicit consent of the member
Saturday, June 29, 2019
The Tribunal said that evidence showed that the plaintiff’s deceased brother had a legal title and not the plaintiff, therefore it moved to turn down the application
Friday, June 28, 2019
The court found that despite being the age of 83, she was still entitled to damages for permanent disability caused while visiting her local bank in July 2016
Monday, June 17, 2019
Dr. Malcolm Mifsud elected as a member of the Financial Services Business Section, of the Chamber of Commerce as Director of Aegis Corporate Services Limited.
Friday, June 14, 2019
The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may be the residence of some of them
Friday, June 7, 2019
The evidence in this case showed that the minor child was brought up exclusively by the mother, while the father showed little interest in the child. His insistence to have joint care and custody of the child is more of a controlling manoeuvre than anything else
Friday, May 31, 2019
The Commission turned down the said application of an agricultural field situated outside the development zone of Marsascala after it held that the site was characterised by a multitude of illegalities
Friday, May 24, 2019
The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can claim
Friday, May 17, 2019
The court held that the fact that the couple were granted a banking facility in order to acquire the property meant that the spouses had a regular employment with remuneration and this further proved that the moneys were not a result of the crime committed
Friday, May 10, 2019
The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient.
Saturday, May 4, 2019
A supplier who failed to refund an order which was cancelled on the hope that his claim would be set off, was in fact committing a crime of arbitrary exercise of a pretended right
Friday, April 26, 2019
The Tribunal also disagreed with the Board of Governors that the application was valid. The Board of Governments disregarded the notion of a distinction of corporate personality. It is true that Aquilina had signed on behalf of the company when the emphyteusis was established, but he was not doing this in his personal capacity
Friday, April 19, 2019
Due to legal amendments that came into force in May 2018, words declared or published on social media with the aim of slandering a person cannot be considered a criminal offence for the purposes of the Media and Defamation Act
Friday, April 12, 2019
The Administrative Review Tribunal has held that the Police Commissioner cannot simply bar an ex-convict from obtaining a licence to provide the service of private guard or community officer
Friday, April 5, 2019
The Board said that due to articles in the Civil Code, the resident has the right to remain in the property for five years and there should be an increase in rent by double the amount. It ordered that the lease be terminated, however allowing the resident to remain on the premises for a term of five years
Friday, March 29, 2019
The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years and the possession must be as the owner
Friday, March 22, 2019
The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors
Friday, March 15, 2019
Mr Justice Chetcuti said that evidence produced by one party, which does not convince the Court, does not mean that that evidence is false
Friday, March 8, 2019
Judicial letters may be addressed to corporate structures, however, these must have a judicial personality
Friday, March 1, 2019
The Rent Regulation Board has ordered a tenant to pay for the repairs of a house following a fire after it was shown that he could have left the television on throughout the night and caused a short circuit.
Friday, February 22, 2019
A recent Appeals Court case determined that an employer may only dismiss an employee on the spot in limited cases
Friday, February 15, 2019
The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted
Friday, February 8, 2019
The Court indicated that although the Superintendence of Cultural Heritage has a separate judicial personality, it still has the characteristics of a government agency and forms part of the government structures
Friday, February 1, 2019
In the case of Police vs Keith Pace, the Court of Criminal Appeal declared that a judgement is null and void since the First Court failed to list the Articles of Law when it found an accused guilty of all the charges
Friday, January 25, 2019
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 be sufficient
Friday, January 11, 2019
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 amount the Court of Appeal upheld
Friday, January 4, 2019
The Court of Appeal agreed with an employer who gave a warning an employee for liking the Facebook page of its competition
Friday, December 28, 2018
The Administrative Review Tribunal held that the Lands Authority has a right to refuse the request from a restaurant to place tables and chairs on the pavement regardless of the fact that only metres away other other catering establishments with table and chairs on the pavement
Friday, December 21, 2018
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 and void
Friday, December 14, 2018
The Family Court has issue a warrant not allowing a minor to travel due to a real fear that the father would take the child aboard without the consent of the mother
Friday, December 7, 2018
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 pay damages
Friday, November 30, 2018
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
Friday, November 23, 2018
Mr Justice Anthony Ellul presiding over the Court of Appeal, held that an appeal in Bank of Valletta plc vs the Data Protection Commissioner and Malta Public Transport was null and void after it filed to ask it to revoke the first judgment
Friday, November 16, 2018
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 be responsible according to Article 1037 of the Civil Code
Friday, November 9, 2018
Parties to a contract are bound by the conditions they agree to when signing
Friday, November 2, 2018
A father can have joint custody of his son even if the mother and son live outside Malta
Friday, October 19, 2018
Partial deprivation of one’s interest in or right over his own property may still constitute a breach of the fundamental right of enjoyment of one’s own property
Friday, October 12, 2018
An alleged HIV infection took place in 2012, but the only test carried out by the Court’s expert was in 2016 so there was no sufficient evidence to support the victim’s claims
Friday, September 28, 2018
The First Hall of the Civil Courts agreed to rescind a contract after the consignment of goods was not delivered and reduced in another consignment
Friday, September 14, 2018
The Court of Criminal Appeal upheld an appeal lodged by former employers, claiming that it was unconvinced with the complainant’s version in her testimony
Friday, September 7, 2018
These persons were taking money directly from personal accounts of individuals who banked with Bank of Valletta. Mirica was defrauding the bank of over €5,000
Friday, August 31, 2018
The Court held that the Code does not make any reference to when the recess should take place, but merely makes references to the Rules of Court
Friday, August 24, 2018
In this case the Tribunal held that an employer’s failure to confirm whether an employee wished to resign, when the alleged intention has been disclosed to the employer by a third party, might give rise to a case of unfair dismissal
Friday, August 17, 2018
The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the burdens, leases and other rights whether real or personal, if any, to which the property is subject, as well as the last transfer of such property.
Friday, August 10, 2018
Usta was accused of operating a loud speaker, gramophone, amplifier etc and causing a nuisance to a neighbour. The Magistrates in July 2017 found the accused guilty of the charge and fined him €55. Usta appealed this judgement
Friday, August 3, 2018
The Court turned down the application to issue the warrant of prohibitory injunction against the PSC
Friday, July 27, 2018
This case was an appeal by the defendants who held that the decision taken by both the First Hall Civil Court as well as the Court of Appeal contained deficiencies both on the consideration of merits and procedure
Friday, July 27, 2018
The Director General has the responsibility to decide to revoke a pension and demand a refund of pensionable funds when the beneficiary of the pension has a capital sum of more than EUR 14,000 in his possession
Friday, July 13, 2018
The Civil Court held in its judgement that the driver who hit a pedestrian should still have used better judgment, even though she was blinded by the sun when the accident took place
Friday, July 6, 2018
The Court concluded that the only way by which the Authorities could be found to have abused their position and implemented an ultra vires decision, is if it was found that Directive 2/2005 either lacked transparency or proportionality
Monday, June 25, 2018
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 workmanship was carried out
Friday, June 15, 2018
The Police had accused Khalifa, an owner of a business, with failing to pay the wages, overtime, vacation leave and notice period of his former employee Engin Turk.
Friday, June 8, 2018
The defendants filed a statement of defence and in it they claimed that the land was used according to how they agreed and with the applicant’s consent
Friday, June 1, 2018
Unless the evidence produced, and the charges brought correspond to what is on the charge sheet, then the Court is obliged to dismiss the claim
Friday, May 25, 2018
Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must be in good faith
Wednesday, May 23, 2018
The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et Vs Abela Fiorella, heard on the 30th of April 2018
Monday, May 14, 2018
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 in 1999 in order to regulate which marches could be played by the respective clubs
Friday, May 4, 2018
The Court, in looking at the evidence, commented on how the plaintiff had not been properly afforded the guarantee to legal representation when he was being questioned in the Police Station
Thursday, April 26, 2018
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
Friday, April 20, 2018
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
Friday, April 13, 2018
The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchange
Monday, April 9, 2018
Malta has served as an international centre for maritime and shipping industries since time immemorial. The passage of time proved that it has only gotten stronger in this sector, offering numerous benefits to all those involved in the maritime industry. Such benefits are evident when it comes to the social security regulations applicable to seafarers in Malta.
Friday, April 6, 2018
The Court explained that procedural criminal law has effective and immediate application, meaning that the procedures become effective even to proceedings that were ongoing before the new procedures were in place
Saturday, March 31, 2018
In the absence of DNA, declaration of the parents of a child could be sufficient to prove the paternity of a child
Friday, March 23, 2018
The plaintiff held that he had purchased a property on the island and had engaged a contractor to carry out scheduled works which were not completed on time
Friday, March 16, 2018
This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz tal-Ilma vs Ignazio Licari on the 5th March of 2018
Friday, March 9, 2018
Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to allow the abandoning of a surname in exchange for another
Friday, March 2, 2018
Plaintiff claimed that the administrative decision leading to the termination of his employment went against principles of natural justice
Friday, February 16, 2018
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 to apply the best evidence rule and choose the more convincing valuation
Friday, February 9, 2018
The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that person to be held responsible
Friday, February 2, 2018
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 and therefore, asked the court to order the defendant company to pay up
Friday, January 26, 2018
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 in De Tigne Limited -v- Cut Coiffeur Company Limited decided on 15 January 2017 by Madame Justice Jacqueline Padovani Grima.
Wednesday, January 24, 2018
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 other partner’s property, commences when the former vacates the property and the relationship no longer exists. This was decided on 8 January 2018 in a judgement Emmanuel Balzan -v- Francelle Agius, delivered by Mr Justice Lawrence Mintoff.
Friday, January 12, 2018
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 for. This was decided by the Small Claims Tribunal in Lorenz Ltd v Maria Addolorata Di Pasquale and Giovanni on 18 December 2017.
Friday, January 5, 2018
A bank guarantee is intended to allow comfort for the bank to be paid for a service given. This was held in a court judgement delivered by Mr Justice Joseph Micallef in Clarosa Hotels Limited v APS Bank Limited, Bank of Valletta for any interest it may have and Rosario Tabone and Claudia Spiteri Sacco.
Friday, December 29, 2017
The Court of Appeal ruled that even though there is a fixed price contract, if there is an extension of the service, then the contractor would be justified to make it more than that agreed.
Friday, December 22, 2017
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 though they subsequently separated. This was explained in a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah Frendo and Chaudreamani Sah -v- Paul Cremona and Olena Volodymyrivna Caurana Verbytska. The plaintiffs filed an application before the Small Claims Tribunal after claiming damages amounting to €3,366.67, which was caused by blocked drains, allowing rain water to enter their property.
Thursday, December 14, 2017
In Mark Muscat -v- HSBC Bank Malta plc, the First Hall of the Civil Courts held that when one alleges discrimination, then one must prove that there is a difference in how one is treated in the same or similar circumstances. This was held in a judgement delivered on 5 December 2015 by Mr Justice Silvio Meli.
Sunday, December 10, 2017
The First Hall of the Civil Court referred a case to the Rent Regulation Board after it decided that it was not competent to hear cases concerning rent issues even if the lease was terminated. This was a judgement delivered on 30 November 2017 by Madame Justice Lorraine Schembri Orland in Joseph Sammut v Liliana Jalil.
Friday, December 1, 2017
The Court awarded the full parental authority to a mother after it was shown that the father was disinterested in his child. This took place in a judgement delivered by Madame Justice Abigail Lofaro on 21 November 2017 in LB -v- Dr Christopher Chircop and PL L Tifigno for and on behalf of absent ADS.
Tuesday, November 21, 2017
Malta offers a wide range of schemes and programmes to those individuals opting to establish their permanent residence in its jurisdiction. The High Net Worth Individual Scheme, introduced in 2011, proved to be particularly attractive for those seeking to benefit from a special tax status in a country which suits their standard of living.
Friday, November 17, 2017
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 reply has not run out. This was held in a judgement delivered by Mr Justice Robert Mangion in a family law dispute named AB -v- CB. The judgement was given on 31 October 2017.
Friday, November 10, 2017
If two parties are making claims on the same property, the plaintiff may be allowed to show the Court that he has a better title than that of the defendant. This was held by Mr Justice Azzopardi in a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary Deguara decided on 27 October 2017.
Friday, November 3, 2017
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 Arnaud explained that his mother lived in a property in Valletta and he was given the key. However, when his mother died, his sister Salvina Abela changed the locks, not allowing him to enter. He asked the Court to order the defendant to allow him access and to allow him to change the lock.
Friday, October 27, 2017
This was held in GO plc v Margaret Camilleri, decided on 12th October, 2017, presided by Dr Anna Mallia. In the application, GO plc asked the Court to order the defendant, Margaret Camilleri to pay €700.30 for services provided. Camilleri replied to this claim that she had on a number of occasions informed the company that the service was not required any longer and asked for it to be disconnected.
Sunday, October 22, 2017
Mifsud & Mifsud Advocates together with Aegies Corporate Services teamed up to celebrate National Breast Cancer Awareness Month this October. In order to raise further awareness, all the team members decided to wear pink on the day.
Friday, October 20, 2017
This was held in a judgement delivered by Ms Justice Anna Felice on 10 October, 2017 in Arnold Joseph Grech and Doris Grech -v- Jimfard Company Limited, Muscat and Gatt Construction Limited and GAM Limited.
Friday, October 13, 2017
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 company’s application, the company explained that it owns a vessel, the MV Ernest E. Pierce, which had a fishing licence which was valid from 15 May, 2015, to 4 May, 2016. On 15 June, 2015 the Director of Fisheries suspended the licence, because according to the defendant, the vessel was fishing beyond 12 nautical miles without the necessary authorisation and also it was alleged that the captain was not registered and licensed.
Monday, October 9, 2017
Outdated rent laws continue to disadvantage the property owners caught up in decades-old contracts – but, today, something can be done to challenge them. Jo Caruana talks to lawyers Malcolm and Cedric Mifsud, of Mifsud & Mifsud Advocates, to discover what landlords can hope to achieve.
Friday, October 6, 2017
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 totally satisfactory. The judgement was delivered on 22 September, 2017 in Chris Tonna v James Borg and Stefan Borg.
Friday, September 29, 2017
When a tenant fails to perform maintenance, which leads to serious damage to the rented property, then the tenant may be evicted from that property. This was held by Magistrate Josette Demicoli, who presided the Rent Regulation Board sitting in Joseph and Frances Barbara -v- Maria Concetta Mifsud. The judgement was delivered on 15 September, 2017.
Friday, September 22, 2017
Magistrate’s Court held that it is not sufficient for harassment to stick if there is only one incident, there must be more than one. This was held in a court judgement, the Police -v- Tristan Tedesco, handed down by Magistrate Donatella Frendo Dimech on 8 August, 2017.
Thursday, September 14, 2017
The Magistrates Court in its criminal jurisdiction held that when a youth is being sentenced, the court must be careful to not criminalise that youth. This was decided by Magistrate Dr Joesph Mifsud in the police -v- Omissis (name not being published) decided on 2 September, 2017
Friday, September 8, 2017
The First Hall of the Civil Court turned down a request to issue a warrant of prohibitory injunction to block an eviction, when the court marshals had already changed the locks and deposited the keys in court. This was decided by Mr Justice Lawrence Mintoff in Cecil Herbet Jones -v- Charles and Mares Dolores Grech on 29 August, 2017.
Friday, September 1, 2017
A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour. This was decided by Magistrate Charmaine Galea on 21 August, 2017 in San Lawrenz Leisure Resort Limited and San Lawrenz Operators Limited -v- Waldemar Woyseth von Turow and his wife Halina Dunin-Woyseth von Turow.
Friday, August 25, 2017
The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted. This was a judgement delivered by Magistrate Dr Consuelo Scerri Herrera on 5 July, 2017 in Carmelo Cassar -v- Mario Zammit in his name and on behalf of Mario Auto Dealer.
Friday, August 18, 2017
A judgment is not null and void if the Court fails to mention all the articles of law in its conclusion, but are mentioned in other parts of the judgment. This was decided by Chief Justice Silvio Camilleri in the police -v- John Vella on 3 August, 2017.
Friday, August 11, 2017
The First Hall of the Civil Court on 2 August, 2017 ruled that if a garnishee order is filed according to law, then it should not be revoked. This was decided by Ms Justice Anna Felice in St George Edition Limited -v- Apassionata World GmbH, represented in Malta by Dr Adrian Camilleri.
Friday, August 4, 2017
In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment. This was decided by Magistrate Dr Gabrielle Vella in Blue Media Marketing Limited -v- Anton sive Claude Camilleri on 26 July, 2017.
Friday, July 28, 2017
A person who is being charged with a crime committed when holding a position in a company, must have this indicated in the charges brought again that person. This was held in a judgement handed down by Magistrate Joseph Mifsud on 5 July, 2017, in The Police -v- Anthony Zammit and Michael Zammit.
Friday, July 21, 2017
The Administrative Review Tribunal turned down a plea from the Ministry of Education that judicial acts should be filed before actions are filed with the Tribunal. This was decided on 6 July, 2017 by Magistrate Charmaine Galea, Dr David Fabri and Dr Antoine Naudi in Vincent Carabott -v- Ministry of Education and the Teachers Professional Council.
Friday, July 14, 2017
A magistrate’s court held on 27th June, 2017 that a statement given to the police which was not corroborated by any other evidence in court was tantamount to hearsay evidence. This was held in a criminal court case Police vs Caruso Massimo and Pace Emmanuel presided by Magistrate Consuelo Scerri Herrera.
Friday, July 7, 2017
When the Maltese Parliament transposes a Directive in the Enforcement of Intellectual Property Rights (Regulation) Act, its application must be in conformity with the Maltese law. This was held by Mr Justice Mark Chetcuti on 26 June, 2017 in Dr Luigi Sansone as special mandatory of United States Polo Association -v- Corporate Trading Limited.
Tuesday, July 4, 2017
Immigration and citizenship have evolved in Malta since it became independent in 1964. The Maltese government throughout the years has introduced various schemes on immigration with the main aim of attracting investment or high net worth individuals to Malta. More often than not the purchase or renting of property have been included in these schemes to give an obvious boost to the construction industry in Malta. In 2014 a new scheme was introduced for the acquisition of citizenship, the Individual Investor Programme (IIP), which has undergone a rough passage into Maltese legislation; however, today it enjoys the approval of the European Commission.
Friday, June 30, 2017
Appeals of Small Claims Tribunal are limited to points of law. This was held by the Court of Appeal on 16 June, 2017 in Fogg Insurance Agencies Ltd noe v Local Council, Luqa et. In their application, Fogg Insurance had filed an action against the local council claiming payment of €491.76 following damages sustained by a vehicle due to a pothole. The council contested the claim and argued that the accident took place in a road which is the responsibility of Transport Malta.
Friday, June 23, 2017
The First Hall of the Civil Courts, in its constitutional jurisdiction, held that the legislation concerning workers handling asbestos was not sufficient to protect them and as a result was a breach to their right to life. This was decided on 14 June, 2017 in Maria Rosaria Fenech v Principal Medical Government Officer and the Attorney General.
Friday, June 16, 2017
A court turned down an action which was instituted after a 20-day period stipulated by Article 466 of the Code of Organisation and Civil Procedure. This was decided by Mr Justice Lawrence Mintoff in ARMS Limited -v- Uddin Hallim on 2 June, 2017.
Thursday, June 15, 2017
Dr Malcolm Mifsud, co-founding partner of Mifsud & Mifsud Advocates, was elected a board member of World Link for Law in New York. WLL is a leading network of international law firms, comprising teams of international lawyers. Established as Euro-Link for Lawyers in the 1980s, it now has a network of 70 law firms with 80 offices in 47 countries.
Friday, June 9, 2017
The fact that one gas distributor also filled the gas cylinders of competitors caused confusion to consumers and therefore constituted unfair competition. This was decided by Mr Justice Mark Chetcuti in a judgement in Liquigas Malta Limited -v- William Mifsud, Jason Mifsud and Easygas Malta Limited.
Friday, June 2, 2017
It is not sufficient for a witness to simply testify on a document if it is not produced in court. This was held by the First Hall of the Civil Courts in Farsons Beverage Imports Company Limited -v- Marco Aquilina, Cocktails Limited and Carisma Limited, by Mr Justice Lawrence Mintoff on 22 May, 2017.
Friday, May 26, 2017
The First Hall of the Civil Court ruled that for prescription to be interrupted a defendant must be notified of the judicial act, which must not simply be filed in court. This was held in a judgment handed down on 16 May, 2017 by Mr Justice Joseph R. Micallef in a case Inna Said -v- Massimo Bonello, Alberto Sammut and Motor Insurance Pool.
Friday, May 19, 2017
Employers are bound to ensure safety on the workplace, the Court of Appeal said in its recent judgement of 28 April, 2017 in the names Joseph Seychell et v. the Commander of the Armed Forces of Malta. The accident which gave rise to this case happened on 2 April, 2003.
Friday, May 12, 2017
The act of a widow taking over the lease of a butcher shop does not constitute a sublease. This was decided by Magistrate Joanne Vella Cuschieri on 2 May, 2017 in Victoria Attard -v- Giorgia Mercieca and Angela Mercieca.
Friday, May 5, 2017
The First Hall of the Civil Court decided on 26 April, 2017 that any property used under or above an immovable property belongs to the owner. The judgment was delivered by Mr Justice Joseph Azzopardi in John Cachia and his wife Maria Cachia v Emmdor Limited, Emmanuel Vassallo and Mary Vassallo.
Friday, April 28, 2017
Services rendered to an aunt by her niece are to be compensated for, even if small amounts of payment were already made by the latter to cover certain expenses. This was decided by Judge Joseph R. Micallef on the 11th April 2017 in Mary Briffa vs. Consiglia Abdilla.
Wednesday, April 26, 2017
Considering the publication on 11/03/2017 of French Decree 2017-307 of 09/03/2017, here are a few points for which Malta can be a solution to the issues raised by that Decree. In short, the French Decree imposes the affiliation to the French social security system, ONLY for French resident (not nationals) crewmembers working on yachts not covered by EU legislation or an international social security agreement.
Friday, April 21, 2017
The Maltese Court may have jurisdiction to hear and decide cases where the parties have signed a contract which indicates another country to have judicial jurisdiction.
Wednesday, April 19, 2017
Dr Malcolm Mifsud, has been elected on the Financial Services Executive Committee of the Chamber of Commerce, Enterprise and Industry. This committee is an influential body within the Chamber of Commerce that assist companies and other entities that work in the financial services sector to share ideas on how the financial services industry in Malta can continue to grow and is an important lobby with the Government.
Friday, April 14, 2017
Works carried by one of two warring bar owners constituted spoliation of the other bar owner. This was decided by Magistrate Joanne Vella Cuschieri on 4 April 2017 in Kenneth Grech v Pubblius Buttigieg. In his application, Kenneth Grech told the Court that he runs Royal Lady Bar in Mgarr and the defendant runs the bar next door to him. Grech accused Buttigieg of placing concrete on the pavement in front of his car. Grech held that this constitutes spoliation.
Friday, April 7, 2017
The First Hall of the Civil Court held that joint liability of two debtors has to be proved and not presumed. This was one of the points of law which was decided upon in a judgement delivered by Mr Justice Lawrence Mintoff, in Bonavia Properties Limited -v- Maria Helga Muscat Groelz and Raymond Abela.
Friday, March 31, 2017
The Court of Appeal on 21 March 2017 held that an email message saying that the debtor will process a payment is sufficient to interrupt prescription. This was held in a judgment in MM Workshop Ltd v Civil Protection Department delivered by Mr. Justice Anthony Ellul.
Friday, March 24, 2017
The First Hall of the Civil Court in its judgement (application number 1057/2013) of 14 March, 2017 held that it was not the competent Court to revoke a 1981 adoption. This was held in a court case presided by Mr Justice Silvio Meli, between a son and his natural and adoptive parents and the Director of Public Registry.
Friday, March 17, 2017
On the 16th February, 2017, Mr Justice Joseph R. Micallef in Lidl Immobiliare Malta Limited vs. Mifsud et noe held that the changes in the traffic system carried out by the council of Sta Venera were not ultra vires, despite complaints raised by the establishment of Lidl Immobiliare Malta Limited.
Friday, March 10, 2017
This was held by Ms Justice Lorraine Schembri Orland presiding at the First Hall Civil Court in the judgement Paul Farrugia et v. Gordon Calleja decided on 28 February 2017. This case was filed by Paul and Maria Lourdes spouses Farrugia against Gordon Calleja who owns the property situated adjacent to their garden. Mr Calleja had extended his property by building a room on his airspace and installed a window in the corner of one of the walls of this room which directly overlooked the property of spouses Farrugia.
Friday, March 3, 2017
An application for a retrial was turned down because the applicant failed to prove that he was not notified of proceedings. This was decided by Magistrate Gabriella Vella in Angelo Aquilina -v- Eurofreight Services Limited on 20 February, 2017.
Friday, February 24, 2017
The First Hall of the Civil Court ruled that for two competing identical trademarks to be confusing they must feature predominantly and the plaintiff must prove that the use of the two will cause confusion. This was decided on 14 February, 2017 by Mr Justice Mark Chetcuti in Y Plan Events Ltd v Wow Ltd, Andrew Selvagi v Martina Selvagi
Friday, February 17, 2017
On the 7th February 2017, Magistrate Joanne Vella Cuschieri in the case Camilleri vs. Azzopardi et held that a co-owner possessing property adjacent to the land commonly owned with other parties, may demand such part of the latter property as is adjacent to the property already owned by him upon division of the property between them.
Friday, February 10, 2017
The Court of Magistrates (Malta) as a Court of Criminal Judicature in a judgement delivered by Magistrate Dr. Joseph Mifsud on the 1st February 2017 in the names Pulizija v. Giovanni Francesco Selvaggi analysed the elements which need to subsist in order for a person to be found guilty of the offence of judicial perjury
Friday, February 3, 2017
The Administrative Review Tribunal decided that decisions on applications for mini-van licences must be notified to the applicants and not sent to their lawyer. This was held in Josef Borg v Awtorita’ ghat-Trasport f’Malta on 23 January, 2014, presided by Magistrate Charmaine Galea.
Friday, January 27, 2017
The First Hall of the Civil Court is competent to decide on all civil matters that are raised before it, unless expressly excluded by law. This was held by Mr Justice Mark Chetcuti on 16 January, 2017 in Emanuel and Carmen Falzon v Rita Dalmas.
Friday, January 20, 2017
The First Hall of the Civil Court held that the tenant of any rented property has a legal obligation to take care of that property, as a father takes care of his family, and is to pay for all damages caused. This was decided by Ms Justice Anna Felice on 10 January, 2017 in Eman Pace -v- Daham Al Hamad.
Friday, January 13, 2017
A Court presided by Magistrate Marse-Ann Farrugia held that the defects found in a second-hand car must have been known to the buyer when he bought the car and as a result the sale was valid. This was decided on 14 December, 2016 in Emanuel Cassar -v- Stephen Farrugia.
Friday, January 6, 2017
The Court of Appeal held that from the evidence produced and the agreements signed, a former shareholder had correctly paid a bank loan, although he believed he should not have. This was decided by Mr Justice Anthony Ellul in Patrick Cutajar -v- Mario Vella on 16 December, 2016.
Friday, December 30, 2016
Qualification from a foreign university must match the local and EU regulations for one to be granted a professional warrant. This was explained in a judgement delivered on 16 December, 2016 by the Administrative Review Tribunal presided by Magistrate Dr Charmaine Galea, and Engineers Raymond Vassallo and Norman Zammit in a case Alfred Buttigieg -v- Professional Engineers Board.
Friday, December 23, 2016
An insurance company may only claim against a policy holder for damages it paid out if the policy holder is in breach of its insurance policy. This was held by the Court of Appeal, presided by Mr Justice Anthony Ellul, on 14 December, 2016 in Gasan Mamo Insurance Limited -v- Pierre Carabott and Gilmore Cachia.
Friday, December 16, 2016
A Court held in a judgement that in order for someone to claim a right of property, there must be strong evidence to back the claim. This was decided in a judgement handed down on 7 December, 2016, in Lawrence and Maria Dolores Gauci -v- the Director General of Lands and the Commissioner of Lands and the Joint Office.
Friday, December 2, 2016
The First Hall of the Civil Court decided that once parties to a legal action have concluded their differences in a contract, the court case can become futile. This was decided by Mr Justice Mark Chetcuti in Bernardette Licari -v- Carmel Attard, Joy Attard and Benjamin Rizzo as liquidator of Denelir Properties Limited on 21 November, 2016.
Friday, November 25, 2016
The Magistrates Court in its Superior Jurisdiction in Gozo ruled that a damages case relating to the construction of a cemetery is Nadur, should have been filed against the parish and not against the parish priest. This was decided by Magistrate Joanne Cuschieri on 15 November, 2016 in Martin Camilleri et -v- Rev Archpriest Jimmy Xerri and Victor Guzman.
Friday, November 18, 2016
The First Hall of the Civil Court held that the plaintiff in a damages lawsuit must prove that the defendant is legally responsible for the accident that occurred. This was held in Louis and Maryanne Bonavia v John Bonello, Nicola Gambino and Atlas Insurance PCC Ltd, decided on 8 November, 2016 by Mr Justice Silvio Meli.
Friday, November 11, 2016
The Court of Appeal ruled that a contractor must be paid for extra works carried out. This was held on 31 October, 2016 in Saviour Camilleri v Joseph Falzon et.
Friday, November 4, 2016
Mr Justice Joseph R. Micallef in the case Steel Projects Limited - vs - Avantgarde Projects Limited, found on October 25, 2016, the defendant liable to pay the sum of €71,521.70 to the plaintiff. This was due to the latter for works sub-contracted to it by the defendant company.
Friday, October 28, 2016
When a court stays the proceedings of a case, this must be done for very good reasons, because a case should start and end. This was decided on 19 October, 2016 in Carmelo Stivala Group Limited -v- Maria Carmela sive Marlene Borg et.
Friday, October 21, 2016
The First Hall of the Civil Court accepted a plea by a defendant company to allow into suit the previous owners of a property, because they could have an interest in the action. This was decided in a judgment delivered on 10 October, 2016, by Ms Justice Anna Felice in a case Joseph Zammit and his wife Jeanette Zammit Gia Caruana -v- Central Mediterranean Development Corporation Limited.
Friday, October 14, 2016
A full and final settlement may not necessarily be so and depends on the circumstances of the case. This was decided by Mr Justice Mark Chetcuti in Maria Stella Calleja -v- Brian Degiorgio on 5 October, 2016.
Friday, October 7, 2016
The First Hall of the Civil Court held in its judgement of 26 September, 2016, in Marica Mizzi -v- Dr Joseph Muscat, Prime Minister, and Mario Cutajar, Principal Permanent Secretary within the Office of the Prime Minister, that where a contract is clear, it need not be interpreted.
Friday, September 30, 2016
The First Hall of the Civil Court upheld a warrant of prohibitory injunction requested by one company against another, since it proved that it had all the legal requisites to block the transfer of a pharmacy licence it was to purchase. This was decided in Labomed Limited -v- Superintendent of Public Health on 15 September, 2016 by Mr Justice Silvio Meli.
Friday, September 16, 2016
In a bid to protect a minority shareholder, the First Hall of the Civil Courts ordered that a new director be appointed on the board of directors. This was decided in Av. Jonathan Abela Fiorentino as special mandatory of Marsoft International AS -v- Vroon Containers BV and Balticmax Holding Company Limited on 2 September 2016 by Mr Justice Joseph Zammit McKeon.
Friday, September 9, 2016
The Court of Appeal in its Inferior Jurisdiction on 29 July, 2016 overturned a decision of the Small Claims Tribunal in the case Baldacchino et noe vs Ellul. In the appeal judgement the latter was ordered to pay the sum due to Baldacchino Aluminium Works for works carried out in his place, despite claims that the works were not carried out in terms of the required skill, art and profession.
Friday, September 2, 2016
Mr Justice Joseph R. Micallef in his judgment Spillane – vs – Gatt of 4th August, 2016, found the defendant responsible for paying damages together with the difference in price of the total amount paid by Spillane for an apartment. This is because the apartment sold by Gatt to Spillane suffered from latent defects at the time when the contract was concluded.
Wednesday, August 24, 2016
The Magistrates Court, presided by Magistrate Dr Joseph Mifsud, explained in his judgement delivered on 17 August 2016 in Il-Pulizija v Eebis Getu, that the charges of a false criminal report and calumnious accusations may be factually similar, however, from a legal point of view they are two separate and distinct charges.
Friday, August 19, 2016
A Court in a judgment delivered on 15th July, 2016, agreed with the judgment of the Court of Magistrates delivered on 18th June, 2014, in which it ordered Mary Gauci to pay the sum of €10,699.09 for promotional services carried out by Media Today Co. Ltd, despite claims that she was merely acting on behalf of and in representation of another company, Libertas Malta.
Monday, August 15, 2016
The Magistrates Court in Gozo found Victor Camilleri guilty of fraud, misappropriation and falsification after it analysed in details the elements of each of the charges brought against him. Magistrate Dr Joseph Mifsud delivered his judgement on 21 July 2016 in Pulizija v Victor Camilleri.
Friday, July 29, 2016
The Court held that no new evidence can be produced at the submissions stage of a lawsuit. This was pointed out in a judgement delivered by Mr Justice Joseph Zammit McKeon in Martin Cassano -v- Alessandro sive Sandro Cassano on 14 July 2016.
Friday, July 22, 2016
On 27 May, 2016, the Court of Appeal confirmed the decision of the First Hall Civil Court in Granata -vs- Commissioner of Lands. The Court held that the plaintiff did not have a right to an action of spoliation in this particular case, although the locks of the boathouse, which she used to enjoy on lease, were removed and changed against the plaintiff’s will, depriving her of its possession and enjoyment.
Friday, July 15, 2016
The Rent Regulated Board presided by Magistrate Dr Monica Vella held that a property which is complimentary to the principle place of business cannot be deemed to be not in use. This was held in Adelaide Ellul et –v- Alfred and Josephine Cassar on 16 June 2016.
Saturday, July 9, 2016
The Constitutional Court composed on the Chief Justice, Silvio Camilleri and the Justices Giannino Caruana Demajo and Noel Cuschieri turned down an appeal from a partial judgement since it was filed beyond the obligatory 20 days. This was held in on 27 May 2016 Dr Cedric Mifsud and Dr Michael Camilleri as special mandatories of Nazzareno Bezzina, Joseph Bezzina, Catherine Avero, George Bezzina, Angelo Bezzina heirs of the Bartolomeo and Giuseppa Bezzina –v- Andrew and Theresa sive Azzopardi.
Friday, July 8, 2016
In Mary Buttigieg et -vs- John Polidano et delivered on 27 May, 2016, the Court of Appeal overturned the decision of the First Hall of the Civil Court and held that when damages are caused to an adjacent tenement due to demolition works, then the contractor, the architect and the owner of the tenement in which works are being carried out are to be held jointly and severally liable.
Friday, June 24, 2016
A Magistrate’s Court in Gozo allowed that a child’s surname be changed in order to reflect those of the parents. In was decided in Yunis Alex Tramboo and his wife Christabel Tramboo Galea -v- Director of Public Registry in Gozo by Magistrate Joanne Vella Cuschieri on 14 June, 2016.
Friday, June 17, 2016
A Court revoked an enforcement decree after it was discovered that the decree was issued before the subject of the decree was notified correctly. This was decided in a judgement delivered by Mr Justice Lawrence Mintoff on 6 June, 2016 in Ricky Alan Reeves -v- Inland Revenue Commissioner.
Thursday, June 2, 2016
The First Hall of the Civil Hall did not allow plaintiffs to act as administrators of a vacant inheritance, since they did not follow the correct procedure laid down in the law. This was held in a judgement delivered on 25 May 2016 by Mr Justice Joseph Azzopardi in Paul Vella bhala Kuratur tal-eredita gjacenti ta’ Maria Calleja l-Avukt Dottor Karmenu Mifsud Bonnici bhala amministratur tal-eredita ta’ Tommaso u Concetta Cilia -v- Beatrice Cantania, Anton Cantania u Andre Catania.
Thursday, May 26, 2016
The First Hall of the Civil Court in its Constitutional jurisdiction turned down a plea that the applicant should first exhaust all its remedies before going before the constitutional court, since the complaint is 50 years old. This was held in Philip Cauchi, Joseph Cauchi, Margaret Gatt, Mary Frendo, Mary Rose Bugeja, Oreste Cauchi, Doris Caruana f’isimha propju u bhala prokuratrici ta’ l-assenti. Maria armla ta’ Filippu Cilia u Kummissarju ta’ l-Artijiet decided on 17 May 2016.
Thursday, May 19, 2016
The Magistrates’ Court held in a criminal case that for harassment to succeed the prosecution have to prove that the victim has to suffer more than one incident from the same perpetrators. This was decided on 9 May 2016 by Magistrate Natasha Galea Sciberras in a case against two youths, whose names have been banned. They were both charged with harassing and attacking another youth and causing damages to a car.
Thursday, April 7, 2016
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Thursday, March 31, 2016
The First Hall of the Civil Court on 22 March, 2016 in John sive Juanito Pullicino –v- Carm Lino Scerri, laid down that a co-owner may force another co-owner to pay his share of work in a property owned jointly, as long as these works are urgent and necessary.
Monday, March 28, 2016
The First Hall of the Civil Court on 15 March 2016, delivered a judgement in Paul Lungaro -v- Salvino Lungaro. Mr Justice Lawrence Mintoff held that if a co-owner of a business excludes another, then that co-owner is liable for damages. In his writ of summons presented on 6 October, 1995, Paul Lungaro explained that the defendant is his brother. His father, who operated the hospital canteen at St Luke Hospital, died without a will in January, 1969. Upon their father’s death, the operation of the canteen was taken over by the defendant and another brother, Anthony. The lease of the canteen was held by the mother, who died in May 1986.
Thursday, March 17, 2016
The Magistrates’ Court in Gozo, presided by Magistrate Dr Joanne Vella Cuschieri in Kenneth Cutajar -v- brothers Lawrence Attard, Joseph Attard, Mariano Attard and George Attard, and siblings Joseph Sultana, Rose Sultana and Gilbert Sultana, held that the court was unable to accept the claim that spoliation took place, because the person who carried out this spoliation could not be identified
Thursday, March 10, 2016
A government department’s decision not to divulge information to persons being investigated is not sufficient to justify a judicial review by the court. A court may delve into a government department’s decision and not into preparatory measures. This was decided on 2 March, 2016 by Mr Justice Mark Chetcuti in John Grech and his wife Maria Carmela Grech –v- the Commissioner of Inland Revenue.
Thursday, March 3, 2016
The First Hall of the Civil Courts held in its judgement of 24 February, 2016 in Gordon and Charlene Farrugia –v- Aldo Farrugia, that if one is to interpret a contract one sees the wording of that contract and not other evidence that may be produced.
Thursday, February 25, 2016
If a plaintiff is unsuccessful in proving a ground invoked in liquidation proceedings, the court cannot presume that there are other grounds. This was decided in a judgement delivered by Mr Justice Joseph Zammit McKeon on 16 February, 2016 in The Catering Centre Limited -v- Entertainment Limited.
Friday, October 9, 2015
The Court of Appeal presided by Mr Justice Anthony Ellul held that the appeal lodged against an arbitration award was null and void as the grounds of appeal were not points f law. This was decided on 17 June 2016 in Euroshops Limited u Maurice Gruppetta –v- Attard & Co (Industrial) Limited.
Monday, January 6, 2014
Mr Justice Lino Farrugia Sacco on 16 December 2013 decided in the lawsuit between Patricia Degiorgio –v- Ramel u Zrar Limited that a promise of sale agreement may not be enforceable if one or more of the conditions listed in the agreement cannot be met.
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