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
Pensioners can be awarded damages for permanent disability
Malcolm Mifsud

The court found that despite being the age of 83, she was still entitled to...

The court found that despite being the age of 83, she was...

Co-owners may be given the keys of the common property
Malcolm Mifsud

The First Hall of the Civil Courts held that all co-owners have a right to the...

The First Hall of the Civil Courts held that all co-owners...

Mother obtains exclusive care and custody of child
Malcolm Mifsud

The evidence in this case showed that the minor child was brought up...

The evidence in this case showed that the minor child was...

Legatee must request the release of the property from the heirs in solidum

Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property

Legatees must file for court actoin against all heirs...

If you broke your leg 50 years ago, tell your medical insurance provider
Malcolm Mifsud

The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can claim

The court said it could not impose upon the insurance...

Property not forfeited in favour of government when not of criminal origin
Malcolm Mifsud

The court held that the fact that the couple were granted a banking facility in order to acquire the property meant that the spouses had a regular employment...

The court held that the fact that the couple were granted a...

Authority issuing a tender must give  all information to all tenderers
Malcolm Mifsud

The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient.

The Court of Appeal ordered that a tender be re-issued...

Not refunding payment may constitute a crime
Malcolm Mifsud

A supplier who failed to refund an order which was cancelled on the hope that...

A supplier who failed to refund an order which was...

There is a distinction between personal and corporate representation
Malcolm Mifsud

The Tribunal also disagreed with the Board of Governors that the application...

The Tribunal also disagreed with the Board of Governors...

Slanderous words written on social media no longer constitute a criminal offence
Malcolm Mifsud

Due to legal amendments that came into force in May 2018, words declared or published on social media with the aim of slandering a person cannot be considered...

Due to legal amendments that came into force in May 2018,...

Tribunal revokes Police Commissioner’s decision to bar former convict from becoming a private guard
Malcolm Mifsud

The Administrative Review Tribunal has held that the Police Commissioner cannot simply bar an ex-convict from obtaining a licence to provide the service...

The Administrative Review Tribunal has held that the...

Residential leased property must be lived in
Malcolm Mifsud

The Board said that due to articles in the Civil Code, the resident has the...

The Board said that due to articles in the Civil Code, the...

Court gives explanation between 10 and 30 years’ acquisitive prescription
Malcolm Mifsud

The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years and the possession must...

The First Hall of the Civil Courts said for the 30 years...

Agreement deemed not fraudulent in view of solvency of debtor
Malcolm Mifsud

The element of consilium fraudis is satisfied if it is proven that the act in...

The element of consilium fraudis is satisfied if it is...

Unconvincing evidence is not tantamount to fraud
Malcolm Mifsud

Mr Justice Chetcuti said that evidence produced by one party, which does not...

Mr Justice Chetcuti said that evidence produced by one...

Judicial letters must be addressed to corporate structures with judicial personalities
Malcolm Mifsud

Judicial letters may be addressed to corporate structures, however, these must have a judicial personality

Judicial letters may be addressed to corporate structures,...

Tenant to pay for fire damage caused by TV
Malcolm Mifsud

The Rent Regulation Board has ordered a tenant to pay for the repairs of a...

The Rent Regulation Board has ordered a tenant to pay for...

Summary dismissal of employees is the exception not the rule
Malcolm Mifsud

A recent Appeals Court case determined that an employer may only dismiss an...

A recent Appeals Court case determined that an employer may...