Constitutional LawCriminal Law Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation 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…Marthese HiliOctober 9, 2022
Civil LawProcedural Law Regulation (EU) 2020/1784 on the Service of Judicial and Extrajudicial documents in civil or commercial matters (recast) 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…Marthese HiliOctober 4, 2022
Criminal Law Criminal liability can only be imposed if the formal and material conditions exist concurrently 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…Marthese HiliSeptember 25, 2022
Civil LawProcedural Law Court will only investigate a request for a counter-warrant on a prima facie basis 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…Marthese HiliAugust 14, 2022
Criminal Law A suspicion is not evidence 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…MMA EditorAugust 7, 2022
Employment Law Work Life Balance Directive Transposed into Maltese Law 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…MMA EditorJuly 13, 2022
Criminal Law Court must be morally convinced charges admitted to actually exist 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…Marthese HiliJuly 10, 2022
Civil LawProperty Law Representation in a contract must be indicated If a party is representing another party in an agreement or a contract must be indicated to the Parties.Marthese HiliMay 8, 2022
Property Law Parties may not follow through on promise-of-sale if earnest (kapparra) is paid 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…MMA EditorApril 24, 2022
Administrative LawProcedural Law Tribunals are set up by special laws 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…MMA EditorApril 17, 2022