Increase in rent should reflect the open market value of the property
Malcolm Mifsud
The Court should take into account the value of the property when calculating the increase in rent
Qualifications must be equal to that listed in the law
Malcolm Mifsud
The law provides a list of subjects that have to be covered for a person to obtain a warrant in accountancy.
A threat must be realistic in order for it to be a crime
Malcolm Mifsud

A threat must be realistic and the person who is making the threat must have...

A threat must be realistic and the person who is making the...

Court will not enter into intricacies when dealing with a precautionary warrant
Malcolm Mifsud

The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of the procedure

The Court needs to be satisfied that a precautionary...

Shareholder is distinct from the company
Malcolm Mifsud

An agreement entered into by the majority shareholder of a company may have no bearing on the company

An agreement entered into by the majority shareholder of a...

Litigants should make use of every remedy available to ensure justice

In the recent case of Mark Micallef vs The State Advocate, the plaintiff...

In the recent case of Mark Micallef vs The State Advocate,...

Parties in lawsuits living abroad must be represented in the proceedings
Malcolm Mifsud

If there is no representative, this does not make the acts null. On the other hand, this does not mean that the case can continue to proceed.

If there is no representative, this does not make the acts...

It is the judge who should evaluate the evidence produced
Malcolm Mifsud

A judge should evaluate all the evidence produced in the acts of the case

A judge should evaluate all the evidence produced in the...

Banks must explain to clients why they want certain documents
Malcolm Mifsud

Banks are expected to give reasons why they are asking for documents when they...

Banks are expected to give reasons why they are asking for...

The Court must decide on all pleas raised
Malcolm Mifsud

The Court will decide on all claims and pleas the parties of a case have raised

The Court will decide on all claims and pleas the parties...

Co-owners cannot block the use of other co-owners
Malcolm Mifsud

Co-owners must make use of the property in common as long as it is done in the...

Co-owners must make use of the property in common as long...

A creditor may ask a company to be revived
Malcolm Mifsud

A company which is owed money from a company which has been struck off the...

A company which is owed money from a company which has been...

The elements of a retrial must be cumulative
Malcolm Mifsud

When arguing for a retrial, the elements of a retrial must all exist

When arguing for a retrial, the elements of a retrial must...

Unfair consumer contracts null and void

Consumer contracts which are unfair and in violation of consumer protection laws will be declared null and void

Consumer contracts which are unfair and in violation of...

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...

The Court of Appeal held that the Court does not have the...

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...

The Court endorsed the argument that a party attacking an...

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...