MaltaToday.com.mt - Comment / Law Report

Court rules pensioner should receive an increase in pension

Malcolm Mifsud

The Court of Appeal in its deliberations held that the fact that the Appellant retired in 2015, before the Legal Notice became enforceable, is irrelevant. What is relevant, the...

The defendant must be involved in the transaction

Malcolm Mifsud

For a Defendant to be the correct Defendant, it must be shown that prima facie he or she were involved in the transaction

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...

Court does not accept clauses that hide an elevated interest rate on loan

Malcolm Mifsud

The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted

The court found that any loan agreement which hides the...

If you are appointed by a minister, you are Government

Malcolm Mifsud

he Court indicated that although the Superintendence of Cultural Heritage has a...

he Court indicated that although the Superintendence of...

Appeals Court annuls judgement after Court fails to list articles of law

Malcolm Mifsud

In the case of Police vs Keith Pace, the Court of Criminal Appeal declared that a judgement is null and void since the First Court failed to list the Articles...

In the case of Police vs Keith Pace, the Court of Criminal...

Elements of an action sufficient for that action to be sustained

Malcolm Mifsud

e type of action does not need to be explicitly pointed out, however if the...

e type of action does not need to be explicitly pointed...

Malcolm Mifsud

The Magistrates’ Court may award damages limited to it the amount it is competent to award, even though the damages may be of a higher amount the Court...

The Magistrates’ Court may award damages limited to...

Don’t press ‘like’ on the competition’s Facebook page

Malcolm Mifsud

The Court of Appeal agreed with an employer who gave a warning to an employee...

The Court of Appeal agreed with an employer who gave a...

Tables and chairs or parking spaces? That is the question

Malcolm Mifsud

The Administrative Review Tribunal held that the Lands Authority has a right to...

The Administrative Review Tribunal held that the Lands...

Persons who have mental health issues still have the right to draw a will

Malcolm Mifsud

The fact that a testator has mental health issues at the time he draws up a will, does not mean that that will is null and void

The fact that a testator has mental health issues at the...

Warrant issued due to actual fear of flight of minor from Malta

Malcolm Mifsud

The Family Court has issue a warrant not allowing a minor to travel due to a...

The Family Court has issue a warrant not allowing a minor...