MaltaToday.com.mt - Comment / Law Report

Cause and effect must be connected in damages cases

Malcolm Mifsud

When the court is determining whether a defendant is responsible for damages, it must establish a direct connection between cause and effect

Plaintiff must take an oath on the sworn application

Malcolm Mifsud

Procedural rules are strict and must be strictly observed, according to the judgment delivered by Judge Mark Simiana in the case MGD vs LD, decided on 11 July 2025

Special circumstances may help to change punishments

Malcolm Mifsud

When the accused admits to charges, the Court of Criminal Appeal may change the...

When the accused admits to charges, the Court of Criminal...

Contractors remain responsible even though the works have been accepted

Malcolm Mifsud

When a contractor finishes the works he or she was engaged to carry out, he/she will be still responsible even if the works have been accepted and paid

When a contractor finishes the works he or she was engaged...

Adultery has its consequences: woman made husband work lover’s field

Malcolm Mifsud

Wife brought another man into their matrimonial home and the husband was made to live in the boxroom, then in a field and then in a garage

Wife brought another man into their matrimonial home and...

Fund administrators and trustees cannot depend on advice given by other professionals

Malcolm Mifsud

Fund administrators and trustees of pensions funds must carry administer the investments in a diligent manner and not depend solely of what third party...

Fund administrators and trustees of pensions funds must...

Termination of community of acquests during separation proceedings concern future dealings only

Malcolm Mifsud

The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses

The community of acquests may be terminated during...

Warrants enforcing executive titles may be challenged in very limited cases

Malcolm Mifsud

Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has been issued

Once the merits of a case have been decided, the court...

If you engage an incompetent person, you are responsible for damages caused

Malcolm Mifsud

Damages caused by a incompetent contractor, will be charged to the party who engaged that contractor

Damages caused by a incompetent contractor, will be charged...

Suspension of court case in order to wait for another court case is exceptional

Malcolm Mifsud

The Courts may be faced with a situation whether it would be best to wait for the outcome of another case

The Courts may be faced with a situation whether it would...

Administrative decisions cannot be revoked without consultation

Malcolm Mifsud

Authorities cannot reply merely on third party complains when it revokes...

Authorities cannot reply merely on third party complains...

It’s plaintiff that must prove its case to Court’s satisfaction

Malcolm Mifsud

The Court may rest solely on the plaintiff’s evidence, even if the...

The Court may rest solely on the plaintiff’s...

Bank revives company with the hope of receiving payment

Malcolm Mifsud

The law provides that creditors of a company which had been struck off from the...

The law provides that creditors of a company which had been...

Academic qualifications are essential to assure professional competencies

Malcolm Mifsud

Professionals who apply for a warrant must show that they have obtained the required academic qualifications

Professionals who apply for a warrant must show that they...

Accepting the rent irrespective breach of contract has its consequences

Malcolm Mifsud

The fact that the lessor accepted the rent for several years, even though there was a breach of the lease conditions on the part of the lessee, has its...

The fact that the lessor accepted the rent for several...

Non observance of procedures does not necessarily annul an expropriation

Malcolm Mifsud

Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation

Not every non observance of the procedure outlined by law,...

Financial Adviser’s position may be a material fact in a financial services complaint

Malcolm Mifsud

The fact that an investor is also an investment adviser, has bearing on the fact that he took decisions that he was well aware of the risks that were being...

The fact that an investor is also an investment adviser,...

The importance of signatures in tender bids

Malcolm Mifsud

The signatures required in bids for tenders are important because a tender is a...

The signatures required in bids for tenders are important...

European arrest warrants are based on mutual trust among EU states

Malcolm Mifsud

European Arrests Warrants system within the European Union is based on the...

European Arrests Warrants system within the European Union...

Teachers should have a good conduct throughout their career

Malcolm Mifsud

Teachers must hold on to the requisites of their warrant throughout their...

Teachers must hold on to the requisites of their warrant...