MaltaToday.com.mt - Comment / Law Report

A valid technical report must be submitted before the Lands Arbitration Board

Malcolm Mifsud

The Lands Arbitration Board must have a valid valuation before it comes to its decision on compensation for land expropriated by the government

Substantial changes to the structure of a rented property will result in eviction

Malcolm Mifsud

The courts would allow minor works to a rented property but substantial changes will result in termination and eviction

COVID 19 Legal Notice suspending liquidation of companies should be repealed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...

Civil Courts bound to decide on the validity of lease agreements

Malcolm Mifsud

Recent amendments to the Civil Code confirm that the Civil Courts have...

Recent amendments to the Civil Code confirm that the Civil...

Novation only takes place when obligation is extinguished to make room for a new obligation

Malcolm Mifsud

A verbal agreement following a public deed is not novation if the terms and conditions were merely modified

A verbal agreement following a public deed is not novation...

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...