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

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

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
Cause and effect must be connected in damages cases

Cause and effect must be connected in damages cases

Malcolm Mifsud

When the court is determining whether a defendant is responsible for damages,...

When the court is determining whether a defendant is...

Plaintiff must take an oath on the sworn application

Plaintiff must take an oath on the sworn application

Malcolm Mifsud

Procedural rules are strict and must be strictly observed, according to the...

Procedural rules are strict and must be strictly observed,...

Strict application of 2021 rent reform leads to eviction order

Strict application of 2021 rent reform leads to eviction order

Malcolm Mifsud

The decision of the Rent Regulation Board in Carmen Cassar et vs Joseph Caruana...

The decision of the Rent Regulation Board in Carmen Cassar...

Court cannot fill in with evidence a party failed to produce

Court cannot fill in with evidence a party failed to produce

Malcolm Mifsud

If a party fails to produce evidence on what it alleges, the court cannot...

If a party fails to produce evidence on what it alleges,...

When enforcing an EU member state judgment, the Maltese court should apply the law restrictively

When enforcing an EU member state judgment, the Maltese court should apply the law restrictively

Malcolm Mifsud

A judgment which was delivered in Cyprus is enforceable because the issue of public order must be interpreted restrictively

A judgment which was delivered in Cyprus is enforceable...

Carer ordered to find a full-time job within three months

Carer ordered to find a full-time job within three months

Malcolm Mifsud

The Appeals Court has ordered that a wife, who suffers from mental health...

The Appeals Court has ordered that a wife, who suffers from...

Time-bar period for water leakages commences when the damages are obvious

Time-bar period for water leakages commences when the damages are obvious

Malcolm Mifsud

Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place

Since water leakages take time to emerge the time-bar...

Defendant cannot raise new pleas in appeal stage

Defendant cannot raise new pleas in appeal stage

Malcolm Mifsud

New pleas cannot be raised in an appeal of any of the parties.

New pleas cannot be raised in an appeal of any of the...

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

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

The servitudes mentioned in the contract are not to be...

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

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

The court cannot go outside the parameters of the law when...

Interest on deposit starts when promise of sale falls through

Interest on deposit starts when promise of sale falls through

Malcolm Mifsud

The interest on the refund of a deposit paid on a promise of sale (POS)...

The interest on the refund of a deposit paid on a promise...

A court cannot stop an action which has already taken place

A court cannot stop an action which has already taken place

Malcolm Mifsud

A warrant of prohibitory injunction cannot be issued if the action it is being...

A warrant of prohibitory injunction cannot be issued if the...

Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta

Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta

Malcolm Mifsud

In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited (the...

In the case of In-Sight Limited vs Juheng Chen and Yujun...

Tax Commissioner is to follow the procedure in full

Tax Commissioner is to follow the procedure in full

Malcolm Mifsud

A tax estimate was declared null and void because the Tax Commissioner failed...

A tax estimate was declared null and void because the Tax...

Court may decide a case even if there is conflicting evidence

Court may decide a case even if there is conflicting evidence

Malcolm Mifsud

The Court of Criminal Appeal has delivered a judgment in the case of The Police...

The Court of Criminal Appeal has delivered a judgment in...

When the wording of a contract is clear there is no need for any other interpretation

When the wording of a contract is clear there is no need for any other interpretation

Malcolm Mifsud

The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of that contract

The parties of a contract should enter into that contract...

When there is no defence, the plaintiff still has to prove the case

When there is no defence, the plaintiff still has to prove the case

Malcolm Mifsud

When the defendant fails to file a statement of defence, this does not mean...

When the defendant fails to file a statement of defence,...

Court rules pensioner should receive an increase in pension

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...

The Court of Appeal in its deliberations held that the fact...

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