Appeals Court rakes in favour of the Commissioner of Revenues
Malcolm Mifsud
The Court of Appeal held that the Court does not have the competence to determine whether the Revenues Commissioner had a title or not over the amount based on the evidence...
Distinction must be made between the merits of an executive title and the formality of an executive warrant
Malcolm Mifsud
The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the formality of an executive act...
Any doubt on whether the action is time barred should go in favour of the plaintiff
Malcolm Mifsud

The party claiming that an action is time barred should prove this. However, any doubt should sway in favour of the plaintiff

The party claiming that an action is time barred should...

The date of a judgment is essential for its validity
Malcolm Mifsud

An incorrect or an unclear date of a criminal judgment will annul the judgment...

An incorrect or an unclear date of a criminal judgment will...

Tribunal must decide on all grounds of appeal
Malcolm Mifsud

The Financial Services Tribunal was asked to decide on two grounds of appeal...

The Financial Services Tribunal was asked to decide on two...

Maltese court has jurisdiction of vessels found in Malta’s territorial waters
Malcolm Mifsud

The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta

The jurisdiction of the courts is generally applicable when...

Contractor must charge at rates listed in quotation
Malcolm Mifsud

A contractor cannot inflate the price of extra works, if the parties had agreed...

A contractor cannot inflate the price of extra works, if...

The loss of remission is not a punishment but a means of keeping discipline in prison
Malcolm Mifsud

The introduction of the Remission Board meant the prison authorities could reduce the days of remission and therefore, the longer prisoners are kept

The introduction of the Remission Board meant the prison...

The Court may ask an interested party to join a court case
Malcolm Mifsud

The Court has the power to order a third party to a lawsuit to join the action,...

The Court has the power to order a third party to a lawsuit...

An email may be sufficient for an agreement
Malcolm Mifsud

The Court had to delve into the wording of an email to see what agreement had...

The Court had to delve into the wording of an email to see...

Compensation of expropriated land is liable to interest from day it is offered
Malcolm Mifsud

The law provides that interest should be added to the compensation given from the date when the government offered the compensation following an expropriation...

The law provides that interest should be added to the...

Authority cannot notify non-existent company
Malcolm Mifsud

The Lands Department was correct to notify the person occupying a property,...

The Lands Department was correct to notify the person...

Notification must be done to the correct address
Malcolm Mifsud

The court marshal must carry out notification of court documents to the correct...

The court marshal must carry out notification of court...

Best interest of minors should prevail
Malcolm Mifsud

The concept of best interest of a minor should prevail in situations of care, custody, access and maintenance

The concept of best interest of a minor should prevail in...

Appeals from Industrial Tribunal should be only on points of law
Malcolm Mifsud

The Court of Appeal annulled an appeal on the ground that the appeal was...

The Court of Appeal annulled an appeal on the ground that...

Court of Appeal wants a one stop shop for when people sue the government
Malcolm Mifsud

The Court of Appeal wants the law changed in order for plaintiffs to sue directly the government or the State Advocate as its main legal counsel rather than...

The Court of Appeal wants the law changed in order for...

Government boards subject to judicial review

In the case ‘L-Avukat Malcolm Mifsud u l-Avukat Cedric Mifsud vs il-Bord...

In the case ‘L-Avukat Malcolm Mifsud u l-Avukat...

Judge recognises defendant’s right to abandon business after plaintiff’s default
Malcolm Mifsud

Once a plaintiff defaulted on his obligations contracted with a defendant, the same defendant had every right to abandon the business set up with the plaintiff

Once a plaintiff defaulted on his obligations contracted...

A legal contract of works shall have the force of law, with no room for interpretation when the terms of agreement are clear
Malcolm Mifsud

The cardinal principle that governs a contract remains that the contractual obligation must be respected, and that it is the will of the contracting parties as...

The cardinal principle that governs a contract remains that...

The Constitutional Court denies discharge as a provisional measure
Malcolm Mifsud

The Constitutional Court denies discharge as a provisional measure

The Constitutional Court denies discharge as a provisional...