MaltaToday.com.mt - Comment / Law Report

Whether accused received fair trial or not depends on whole criminal process

Malcolm Mifsud

The concept of overall fairness is applicable in Malta to see whether there was a breach of the right to a fair hearing.

Right to develop airspace vs rights of owners of underlying tenements | Andrew Drago

A recent Court of Appeal judgment clarifies the limits of an airspace owner’s right to build where underlying apartment owners enjoy rights over the roof

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...

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...