MaltaToday.com.mt - Comment / Law Report

Carer ordered to find a full-time job within three months

Malcolm Mifsud

The Appeals Court has ordered that a wife, who suffers from mental health issues, to find a full-time job within three months of the judgment

Time-bar period for water leakages commences when the damages are obvious

Malcolm Mifsud

Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place

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...

Prejudice is not a reason for a precautionary warrant to be revoked

Malcolm Mifsud

The Court will not revoke a garnishee order on the ground that the subject of...

The Court will not revoke a garnishee order on the ground...

Tax valuation takes into consideration whether airspace can be developed

Malcolm Mifsud

For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed

For the purposes of tax valuation, the Tax Commissioner is...

Court costs may be apportioned amongst the parties

Malcolm Mifsud

The Court may apportion the court costs of a case to both parties and not...

The Court may apportion the court costs of a case to both...

Country to The Hague Convention is a stumbling block for children to travel

Malcolm Mifsud

If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child Abduction, the other parent may...

If a child travels with one of the parents to a country not...

Re-discussing an agreement does not terminate that agreement

Malcolm Mifsud

If one party to agreement wants to re-discuss any terms, the agreement is still...

If one party to agreement wants to re-discuss any terms,...