MaltaToday.com.mt - Comment / Law Report

Whether accused received fair trial or not depends on whole criminal process

Malcolm Mifsud

The concept of overall fairness is applicable in Malta to see whether there was a breach of the right to a fair hearing.

Right to develop airspace vs rights of owners of underlying tenements | Andrew Drago

A recent Court of Appeal judgment clarifies the limits of an airspace owner’s right to build where underlying apartment owners enjoy rights over the roof

Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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COVID 19 Legal Notice suspending liquidation of companies should be repealed

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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...

Malcolm Mifsud

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...

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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

Malcolm Mifsud

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...

Owners have a right to visit rented property

Malcolm Mifsud

The law provides the right for owners to visit the rent property after reaching...

The law provides the right for owners to visit the rent...

Appeal from Industrial Tribunal must be filed within 12 days

Malcolm Mifsud

An appeal from an Industrial Tribunal decision must be filed within 12 days and...

An appeal from an Industrial Tribunal decision must be...