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

Article 12 of Housing (DeControl) Ordinance in violation of human rights

Malcolm Mifsud

The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 2lst June...

The Housing (DeControl) Ordinance states that where a...

Judicial review procedure cannot substitute the natural process of complaints

Malcolm Mifsud

The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposal

The Court faced with a judicial review lawsuit is not...

Bills of Exchange will not be enforced if they are a result of usury

Malcolm Mifsud

If the Court establishes that a bill of exchange has an element of usury, then...

If the Court establishes that a bill of exchange has an...

Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property

Malcolm Mifsud

The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the publication of...

The Court concluded that the plaintiff was to take...

Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit

Malcolm Mifsud

The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them

The Court concluded that Xuereb has an interest in the...

Co-owners may force a sale of common property

Malcolm Mifsud

The Court ordered that the plaintiffs were to sell the property in terms of the...

The Court ordered that the plaintiffs were to sell the...

Garnishee order must be issued by court competent to take cognizance of the matter

Malcolm Mifsud

The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to take cognizance of the matter, is...

The issuing of a garnishee order by a court, that does not...

POAs: Mandators cannot escape liability if they cannot read Maltese or English

Malcolm Mifsud

The Court concluded that the defendant did not adequately prove that the plaintiff was in mala fede. It held that it was clear that the plaintiff had nothing...

The Court concluded that the defendant did not adequately...

Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion

Malcolm Mifsud

The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye was injured but no...

The Court held that according to the evidence the accused...

An obvious falsification of a document is not a crime

Malcolm Mifsud

The Court applied a legal principle where the use of a document which is...

The Court applied a legal principle where the use of a...

Fingerprints may be deemed sufficient evidence to prove the commission of a crime

With regards to the intentional element of the crime of theft the Court held that the argument of the accused did not hold water since the simple use or...

With regards to the intentional element of the crime of...

Abduction cases against parent based on UN Convention procedurally defective

Malcolm Mifsud

The Convention on the Rights of the Child only pertains to States, and not individuals

The Convention on the Rights of the Child only pertains to...

Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website

Malcolm Mifsud

The Tribunal held that in this case, it was clear that the applicant was genuine, and even emailed the Minister explaining the issue at hand, furthermore, the...

The Tribunal held that in this case, it was clear that the...

A right not falling precisely within original claim may be decided upon by Courts

Malcolm Mifsud

The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the issue rather than...

The First Court concluded that when a claim is made which...

Court takes into consideration feast traditions

Malcolm Mifsud

The Magistrates Court took into consideration the long-standing tradition that...

The Magistrates Court took into consideration the...

Disability caused by medical procedures places onus of proof on professional

Malcolm Mifsud

While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that the medical procedure...

While the plaintiff must prove the link between the medical...

Malcolm Mifsud

A union cannot finalise an agreement with an employer without the explicit consent of the member

A union cannot finalise an agreement with an employer...

Tenant’s surviving relative ordered to vacate rented property

Malcolm Mifsud

The Tribunal said that evidence showed that the plaintiff’s deceased...

The Tribunal said that evidence showed that the...