In a judgment delivered on 23 July 2026, the Constitutional Court awarded compensation for a human rights breach but declined to order the eviction in a case concerning an...
Financial advisers play an important role in helping individuals make informed financial decisions
When a ‘return and resell’ deal triggers payment
The Court of Appeal presided by Mr Justice Lawrence Mintoff dismissed the...
The Court of Appeal presided by Mr Justice Lawrence Mintoff...
The presumption is that parties to a contract acted in good faith
The parties to a contract enter into it in good faith and are bound by what...
The parties to a contract enter into it in good faith...
Whether accused received fair trial or not depends on whole criminal process
The concept of overall fairness is applicable in Malta to see whether there was a breach of the right to a fair hearing.
The concept of overall fairness is applicable in Malta to...
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
A recent Court of Appeal judgment clarifies the limits of...
Age as a mitigating factor in criminal proceedings | Roberta Bonello Felice
In delivering sentence, the court acknowledged the gravity of the offences and the harm caused to the victim. However, it also considered the mitigating...
In delivering sentence, the court acknowledged the gravity...
Foreign law is to be considered as a point of fact
When there is evidence related to foreign law in a court case, this should be...
When there is evidence related to foreign law in a court...
A decree during mediation remains valid despite no action instituted within stipulated time
A maintenance order is still valid, although separation proceedings were not instituted within two months from the end of mediation
A maintenance order is still valid, although separation...
An employment relationship can end before work begins
The Industrial Tribunal explained that if an employment relationship is...
The Industrial Tribunal explained that if an employment...
Donation does not exonerate social security recipient from explaining how money was used
The Social Security Department must be certain that a cash donation was not used by an applicant to be eligible for medical assistance that is means tested
The Social Security Department must be certain that a...
Appeals Court rules in favour of damages awarded by the Civil Court arbitrio boni viri | Andrew Drago
The 2018 amendments have added further uncertainty to Maltese tort law, and that there is a need for legislative action to guide the law towards a more humane...
The 2018 amendments have added further uncertainty to...
Court issues interim measure halting deportation of Albanian national | Andrew Drago
The case of Artan Coku vs The State Advocate and the Chief Principal Immigration Officer, has been granted an interim measure in favour of the...
The case of Artan Coku vs The State Advocate and the Chief...
Errors in charge sheet lead to acquittal in criminal case
On 29 September 2025, Magistrate Yana Micallef Stafrace, in Police vs Ojo...
On 29 September 2025, Magistrate Yana Micallef Stafrace, in...
The choice of law may be deduced from the terms of the contract
The choice of law in a contract may be determined either if it is expressly...
The choice of law in a contract may be determined either if...
Ministry’s interpretation of the law makes it impossible to comply with
Those who apply for an exemption for vehicle registration tax would need to show they lived 24 months outside Malta from the date of the issuance of the...
Those who apply for an exemption for vehicle registration...
Are there any benefits from a guilty plea?
The Criminal Court discussed and decided on whether an accused should...
The Criminal Court discussed and decided on whether an...
Not any damage may terminate a lease
For a lease agreement to be terminated because of damage done to the property, the damage, must be considerable
For a lease agreement to be terminated because of damage...
An error in a contract should be such it cannot be verified
A contract between parties is valid at law, if the fact mentioned in it may be...
A contract between parties is valid at law, if the fact...
Court permits deportation of long-term Ethiopian residents despite pending human rights claims | Andrew Drago
The deportation of three long-term Ethiopian residents raises questions about Malta’s commitment to fundamental rights. Andrew Drago explores how the...
The deportation of three long-term Ethiopian residents...
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