Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused
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...
Tacit resolutive condition may dissolve agreement only in grave circumstances
The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim
The Court will dissolve an agreement containing a tacit...
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...
The Court when faced with a guilty plea must be still...
Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria
When determining whether the dismissal from employment is a fair one or otherwise, the Industrial Tribunal is obliged to verify whether the requisites and...
When determining whether the dismissal from employment is a...
Terms of agreement should be clear between contracting parties
The parties to an agreement should be clear to each other and each of the...
The parties to an agreement should be clear to each other...
Shareholders may sue other shareholders for damages only in certain circumstances
Shareholders may take action against other shareholders only when it is impossible that the company will take action itself
Shareholders may take action against other shareholders...
Reputation issues may be reason to allow a liquidation of a company
The Reputation of fellow shareholders may be considered as a grave circumstance...
The Reputation of fellow shareholders may be considered as...
COVID 19 Legal Notice suspending liquidation of companies should be repealed
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
The Commercial Court asked Ministers to repeal Legal Notice...
Representation in a contract must be indicated
If a party is representing another party in an agreement or a contract must be...
If a party is representing another party in an agreement or...
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 will have to...
If the purchaser pays earnest (kapparra) the parties may...
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 the case before...
The jurisdiction of Tribunals are found in special law and...
When public interest comes into play
The authorities may take measures in private property in order to safeguard public health and within the pubic interest
The authorities may take measures in private property in...
Judicial review may take place on fines, even though they have been paid
The decision to impose a fine from an administrative authority may be subject to judicial review even though that fine was paid
The decision to impose a fine from an administrative...
Enforcement of foreign tax claims is based on reciprocal EU co-operation
The enforcement and the collection of taxes for EU member states is based on reciprocal co-operation between the EU states
The enforcement and the collection of taxes for EU member...
The Arbiter for Financial Services and competence for own investigations
The Office of the Arbiter for Financial Services is a self-governing and autonomous institution with the ability to arbitrate, investigate, and resolve...
The Office of the Arbiter for Financial Services is a...
Actions concerning legacies are to be dealt with by the Superior Courts irrespective of the value
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...
When the Superior Courts are faced with an action...
Who fails to present statement of defence on time, may do so only in exceptional circumstances
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...
If a defendant to a court case fails to present a statement...
Maltese courts have jurisdiction irrespective of jurisdiction clause
Civil Procedure allows Maltese courts to take cognisance of legal issue even...
Civil Procedure allows Maltese courts to take cognisance of...
Landlord cannot claim full di fermo period if property is rented to third party
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...
A landlord may not claim the rent for the full di fermo...
