Age as a mitigating factor in criminal proceedings | Roberta Bonello Felice
In delivering sentence, the court acknowledged the gravity of the offences and the harm caused to the victim. However, it also considered the mitigating factors presented,...
Foreign law is to be considered as a point of fact
Malcolm Mifsud
When there is evidence related to foreign law in a court case, this should be dealt with as a fact and not as a point of law
A decree during mediation remains valid despite no action instituted within stipulated time
Malcolm Mifsud

A maintenance order is still valid, although separation proceedings were not instituted within two months from the end of mediation

A maintenance order is still valid, although separation...

An employment relationship can end before work begins

The Industrial Tribunal explained that if an employment relationship is...

The Industrial Tribunal explained that if an employment...

Donation does not exonerate social security recipient from explaining how money was used
Malcolm Mifsud

​The Social Security Department must be certain that a cash donation was not used by an applicant to be eligible for medical assistance that is means tested

​The Social Security Department must be certain that a...

Appeals Court rules in favour of damages awarded by the Civil Court arbitrio boni viri | Andrew Drago

The 2018 amendments have added further uncertainty to Maltese tort law, and that there is a need for legislative action to guide the law towards a more humane...

The 2018 amendments have added further uncertainty to...

Court issues interim measure halting deportation of Albanian national | Andrew Drago

The case of Artan Coku vs The State Advocate and the Chief Principal Immigration Officer, has been granted an interim measure in favour of the...

The case of Artan Coku vs The State Advocate and the Chief...

Errors in charge sheet lead to acquittal in criminal case

On 29 September 2025, Magistrate Yana Micallef Stafrace, in Police vs Ojo...

On 29 September 2025, Magistrate Yana Micallef Stafrace, in...

The choice of law may be deduced from the terms of the contract
Malcolm Mifsud

The choice of law in a contract may be determined either if it is expressly...

The choice of law in a contract may be determined either if...

Ministry’s interpretation of the law makes it impossible to comply with
Malcolm Mifsud

Those who apply for an exemption for vehicle registration tax would need to show they lived 24 months outside Malta from the date of the issuance of the...

Those who apply for an exemption for vehicle registration...

Not any damage may terminate a lease
Malcolm Mifsud

​For a lease agreement to be terminated because of damage done to the property, the damage, must be considerable

​For a lease agreement to be terminated because of damage...

An error in a contract should be such it cannot be verified
Malcolm Mifsud

A contract between parties is valid at law, if the fact mentioned in it may be...

A contract between parties is valid at law, if the fact...

Court permits deportation of long-term Ethiopian residents despite pending human rights claims | Andrew Drago

The deportation of three long-term Ethiopian residents raises questions about Malta’s commitment to fundamental rights. Andrew Drago explores how the...

The deportation of three long-term Ethiopian residents...

Misappropriation is a crime that affects trust
Malcolm Mifsud

In a judgment delivered by Magistrate Simone Grech in Police vs Terence...

In a judgment delivered by Magistrate Simone Grech in...

Court upholds rights of injured and unregistered worker
Malcolm Mifsud

On 23 July 2025, Magistrate Donatella Frendo Dimech delivered a powerful...

On 23 July 2025, Magistrate Donatella Frendo Dimech...

Secondment clause enforced
Malcolm Mifsud

A former aviation manager has won over €32,000 after a Maltese court ruled his employer broke a promise to renew his contract, despite claiming he’d...

A former aviation manager has won over €32,000 after a...

One who makes use of legitimate action cannot cause damages
Malcolm Mifsud

A recent judgment has clarified the limits of liability for precautionary...

A recent judgment has clarified the limits of liability for...

Court makes a distinction between wrongdoing and negligence
Malcolm Mifsud

​When a person’s actions do not amount to criminal negligence under...

​When a person’s actions do not amount to criminal...

Cause and effect must be connected in damages cases
Malcolm Mifsud

When the court is determining whether a defendant is responsible for damages,...

When the court is determining whether a defendant is...

Plaintiff must take an oath on the sworn application
Malcolm Mifsud

Procedural rules are strict and must be strictly observed, according to the...

Procedural rules are strict and must be strictly observed,...