MaltaToday.com.mt - Comment / Law Report

Does the right of use of a roof of a block of apartments have any limitations?

Paul Radmilli

Last week we referred to a case decided by Judge Aaron Bugeja, where the Civil Court had to determine the rights of use of a roof of a penthouse

Objecting to the use of the penthouse roof. Check your contract first!

Paul Radmilli

In a recent case decided by Judge Aaron Bugeja, the Civil Court had to determine the right of use of a penthouse roof to install a water tank, a water pump, airconditioning...

When repeated repairs fail: Court upholds refund for defective electric scooter

Malcolm Mifsud

The Appeals Court presided by Judge Lawrence Mintoff, confirmed a refund of €5,200 after a new electric scooter developed repeated defects and remained...

The Appeals Court presided by Judge Lawrence Mintoff,...

Court of Appeal confirms breach of natural justice in employment termination

Malcolm Mifsud

The Appeals Court, presided by Judge Lawrence Mintoff, upheld a ruling of unfair dismissal and sent the case back to the Industrial Tribunal for reassessment...

The Appeals Court, presided by Judge Lawrence Mintoff,...

Court must apply more favourable version of legal amendments for the accused

Malcolm Mifsud

In a judgment delivered on 6 July, Magistrate Elaine Rizzo reiterated an important legal principle that the accused should benefit from the more favourable...

In a judgment delivered on 6 July, Magistrate Elaine...

Enforcement of an executive warrant should be limited to the executive title

Malcolm Mifsud

In the case Mary Rose Enriquez vs Martin Schembri, the Court of Appeal reaffirmed the fundamental principle that an executive warrant cannot travel beyond the...

In the case Mary Rose Enriquez vs Martin Schembri, the...

Man acquitted after court finds he was charged with the wrong offence

Julian Mifsud

The Magistrates Court has acquitted a man accused of making a false statement...

The Magistrates Court has acquitted a man accused of making...

Julian Mifsud

The title of this piece may sound like a play on words but the Court of Magistrates (Gozo) has shed light on the consequences of a tax amendment introduced...

The title of this piece may sound like a play on words but...

Lands Authority wins right to reclaim Riviera Martinique Land

Julian Mifsud

Appeals Court confirms that the Lands Authority is entitled to recover a tract...

Appeals Court confirms that the Lands Authority is entitled...

Julian Mifsud

The magistrate acknowledged under the previous definition, it may have been argued that importing or possessing part of the cannabis plant remained criminal...

The magistrate acknowledged under the previous definition,...

It is all about balance: Public interest vs individual interest

Malcolm Mifsud

In a judgment delivered on 23 July 2026, the Constitutional Court awarded...

In a judgment delivered on 23 July 2026, the...

When professional financial advice goes wrong

Julian Mifsud

Financial advisers play an important role in helping individuals make...

Financial advisers play an important role in helping...

Delegation does not eliminate personal responsibility

Gianluca Cappitta

In a judgment in the names Bonello vs Debono, delivered by the Court of...

In a judgment in the names Bonello vs Debono, delivered...

No need for a precise price but need of a fair price in co-ownership action

Malcolm Mifsud

The law allows co-owners of a property to arrive at a fair price when the majority would like to sell, while the minority is resisting the sale

The law allows co-owners of a property to arrive at a fair...

When does a foreign judgment become a Maltese one?

Julian Mifsud

Winning a case abroad does not necessarily mean winning in Malta. Before a...

Winning a case abroad does not necessarily mean winning in...

Fraus omnia corrumpit in modern commerce

Julian Mifsud

Modern commerce depends on a simple but powerful legal principle—a company is treated as a person distinct from those who own it

Modern commerce depends on a simple but powerful legal...

Julian Mifsud

At first glance the case of Stephen Tonna vs the State Advocate et (First Hall Civil Court (Constitutional jurisdiction) decided on the 11 June 2026 by Judge...

At first glance the case of Stephen Tonna vs the State...

Appeals Court orders retrial after ruling that contracts were donations to both spouses

Malcolm Mifsud

The Appeals Court upheld a request for a retrial because the court had previously applied the wrong article of law on collation

The Appeals Court upheld a request for a retrial because...

Suspensive conditions, burden of proof and restitution

Malcolm Mifsud

A claimant who asserts that conditions of a sale were satisfied must produce...

A claimant who asserts that conditions of a sale were...

Liquidation of damages in case of breach of contract

The Appeal Court in its judgment pronounced on 30 April 2026, in the case...

The Appeal Court in its judgment pronounced on 30 April...