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

There is no judicial review for decisions refusing citizenship applications

Malcolm Mifsud

The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review

The granting of citizenship is the Minister’s...

Appeals from arbitration awards are limited to legal points

Malcolm Mifsud

The Court held that an appeal from an Arbitration award was inadmissible at law...

The Court held that an appeal from an Arbitration award was...

Maintenance must be paid until it is decided otherwise

Malcolm Mifsud

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Malcolm Mifsud

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Lawyers’ obligations cease when company is struck off

Malcolm Mifsud

A law firm engaged by shareholders to set up a company and other services cease...

A law firm engaged by shareholders to set up a company and...

Guarantees offering general and special hypothecs in favour of a bank, more than adequate security

Malcolm Mifsud

The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants

The Court held that HSBC Bank Malta offer...

Commercial leased properties must be made use of

Malcolm Mifsud

A lease of a commercial premises will be terminated if it is not being made use...

A lease of a commercial premises will be terminated if it...

Filing late reply before Arbiter for Financial Services has consequences

Malcolm Mifsud

The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies

The late submission of a reply before the Arbiter for...

Court may not be competent to hear a counter-claim due to the sum claimed

Malcolm Mifsud

A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear case

A court may not be competent to hear a counter-claim...

Usury may occur upon the promise of higher interest rates

Malcolm Mifsud

The crime of usury take place even before the transaction, but upon the...

The crime of usury take place even before the transaction,...

There is no legal right to parking in front of one’s home

Malcolm Mifsud

There is no legal right for anyone to object to road markings on the ground...

There is no legal right for anyone to object to road...

Evaluation of appeal is required to determine which declarations are res judicata

Malcolm Mifsud

A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgment Sarah Gatt v. Jean Pierre Gatt delivered on the 26th...

A decision of the Civil Court (Family Section) was...

Constitutional proceedings can be initiated if there’s no effective and adequate remedy

Malcolm Mifsud

This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction

This principle was reiterated in Ismail Issa v. Attorney...

Malcolm Mifsud

The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence

The Court must examine whether at the time of the...

Disciplinary processes required before serious decision to terminate employment

Malcolm Mifsud

Case filed Giulia Gattuccio against her former employer Suda Entertainments Ltd, claiming unfair dismissal

Case filed Giulia Gattuccio against her former employer...

Those who are not entitled to social benefits should refund

Malcolm Mifsud

Those individuals who have been given social benefits but then discovered that...

Those individuals who have been given social benefits but...

Investment companies should update their customers to allow them to query

Malcolm Mifsud

Investment companies should inform their customers on how their investment is developing in order to allow them to take educated decisions and query investment...

Investment companies should inform their customers on how...

Courts must take into consideration all documents when deciding

Malcolm Mifsud

Courts and administrative tribunals must take into consideration all the...

Courts and administrative tribunals must take into...