MaltaToday.com.mt - Comment / Law Report

Additional pipes and windows cannot be placed if not referred to in the contract

Malcolm Mifsud

The servitudes mentioned in the contract are not to be added on if not agreed to, according to a judgment delivered in May 2025

When enforcing a foreign judgment the court must apply the law restrictively

Malcolm Mifsud

The court cannot go outside the parameters of the law when it is deciding whether to enforce a foreign judgment in Malta

Malcolm Mifsud

The fact that the government puts asphalt on a private road, does not convert the road into public property

The fact that the government puts asphalt on a private...

Malcolm Mifsud

The civil court should always follow its procedure, even if a constitutional law issue is raised

The civil court should always follow its procedure, even if...

Warrant upheld once it is satisfying all the requests

Malcolm Mifsud

A warrant of prohibitory injunction may be issued once that the three elements...

A warrant of prohibitory injunction may be issued once that...

Changes to names of parties of a lawsuit may be corrected

Malcolm Mifsud

The Court has wide powers to correct the names of acts of court cases in order...

The Court has wide powers to correct the names of acts of...

Court will use principle of proportionality to determine whether a party can appeal a judgement in parte

Malcolm Mifsud

The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer economic...

The court held that since it was a commercial case and...

When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation

Malcolm Mifsud

Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by auction, then the...

Where an executive warrant does not rest on an executive...

Any administrative act may be scrutinised by the Administrative Review Tribunal

Malcolm Mifsud

The Administrative Review Tribunal is competent to hear and decide any administrative act or measure taken by a public authority

The Administrative Review Tribunal is competent to hear and...

Malcolm Mifsud

When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debt

When a co-debtor pays the debtor, the other debtor cannot...

Grandparents have a juridical interest to request access to grandchildren

Malcolm Mifsud

EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best interest to...

EU legislation has interpreted the right to family life in...

When signing an agreement, you are bound by that agreement

Malcolm Mifsud

When one signs an agreement that would be an indication that he or she would be...

When one signs an agreement that would be an indication...

Court outlines the essential elements needed for a judgement to be found “res judicata”

Malcolm Mifsud

Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that in the case of doubt...

Since the plea of res judicata is meant to stop an action...

Malcolm Mifsud

Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that in the case of doubt...

Since the plea of res judicata is meant to stop an action...

Appeal from a decision of the Industrial Tribunal must be on a point of law

Malcolm Mifsud

An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be rejected by...

An appeal application purely based on the disagreement with...

When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory

Malcolm Mifsud

For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe and satisfactory

For the accused to be found guilty on the basis of the...

Court refuses to decide on the merits of an executive garnishee order

Malcolm Mifsud

Where the law states in Article 281 of the Code of Organisation and Civil...

Where the law states in Article 281 of the Code of...

Court of Appeal will not re-examine facts following a voluntary arbitration

Malcolm Mifsud

Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one

Following an arbitration award, the Court of Appeal cannot...

Eviction from a tenement will be granted by the Rent Regulation Board only if it is an exceptional and last resort

Although it is the lessee’s responsibility to perform acts of maintenance in accordance with the law and the lease contract, this does not mean that if...

Although it is the lessee’s responsibility to perform...

Court awards sum of wages owed to employee although employment contract was not in writing

Malcolm Mifsud

An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity

An employment contract is not one which is enlisted in...