An employer does not have the power to reject an employee’s resignation
In the case Clayton Zammit vs Erica Pantaleon, decided by the Industrial Tribunal on the 7 August 2024, the Tribunal decided that the case lodged by the plaintiff was presented...
Part-payment of bills of exchange can block their execution
Malcolm Mifsud
If the debtor pays in part the bills of exchange, the court may reject an application for them to be declared as an executive title
Banks must explain to clients why they want certain documents
Malcolm Mifsud

Banks are expected to give reasons why they are asking for documents when they...

Banks are expected to give reasons why they are asking for...

The Court must decide on all pleas raised
Malcolm Mifsud

The Court will decide on all claims and pleas the parties of a case have raised

The Court will decide on all claims and pleas the parties...

Co-owners cannot block the use of other co-owners
Malcolm Mifsud

Co-owners must make use of the property in common as long as it is done in the...

Co-owners must make use of the property in common as long...

A creditor may ask a company to be revived
Malcolm Mifsud

A company which is owed money from a company which has been struck off the...

A company which is owed money from a company which has been...

The elements of a retrial must be cumulative
Malcolm Mifsud

When arguing for a retrial, the elements of a retrial must all exist

When arguing for a retrial, the elements of a retrial must...

Unfair consumer contracts null and void

Consumer contracts which are unfair and in violation of consumer protection laws will be declared null and void

Consumer contracts which are unfair and in violation of...

Appeals Court rakes in favour of the Commissioner of Revenues
Malcolm Mifsud

The Court of Appeal held that the Court does not have the competence to...

The Court of Appeal held that the Court does not have the...

Distinction must be made between the merits of an executive title and the formality of an executive warrant
Malcolm Mifsud

The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the formality...

The Court endorsed the argument that a party attacking an...

Any doubt on whether the action is time barred should go in favour of the plaintiff
Malcolm Mifsud

The party claiming that an action is time barred should prove this. However, any doubt should sway in favour of the plaintiff

The party claiming that an action is time barred should...

The date of a judgment is essential for its validity
Malcolm Mifsud

An incorrect or an unclear date of a criminal judgment will annul the judgment...

An incorrect or an unclear date of a criminal judgment will...

Tribunal must decide on all grounds of appeal
Malcolm Mifsud

The Financial Services Tribunal was asked to decide on two grounds of appeal...

The Financial Services Tribunal was asked to decide on two...

Maltese court has jurisdiction of vessels found in Malta’s territorial waters
Malcolm Mifsud

The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta

The jurisdiction of the courts is generally applicable when...

Contractor must charge at rates listed in quotation
Malcolm Mifsud

A contractor cannot inflate the price of extra works, if the parties had agreed...

A contractor cannot inflate the price of extra works, if...

The loss of remission is not a punishment but a means of keeping discipline in prison
Malcolm Mifsud

The introduction of the Remission Board meant the prison authorities could reduce the days of remission and therefore, the longer prisoners are kept

The introduction of the Remission Board meant the prison...

The Court may ask an interested party to join a court case
Malcolm Mifsud

The Court has the power to order a third party to a lawsuit to join the action,...

The Court has the power to order a third party to a lawsuit...

An email may be sufficient for an agreement
Malcolm Mifsud

The Court had to delve into the wording of an email to see what agreement had...

The Court had to delve into the wording of an email to see...

Compensation of expropriated land is liable to interest from day it is offered
Malcolm Mifsud

The law provides that interest should be added to the compensation given from the date when the government offered the compensation following an expropriation...

The law provides that interest should be added to the...

Authority cannot notify non-existent company
Malcolm Mifsud

The Lands Department was correct to notify the person occupying a property,...

The Lands Department was correct to notify the person...