MaltaToday.com.mt - Comment / Law Report

Once a company does not pay its debts the court may liquidate it

Malcolm Mifsud

The law allows a liquidation of a company upon the application of a creditor if the debtor company is served with an executive title and fails to pay within 24 hours. This concept...

An investor must bear all the risks of an investment

Malcolm Mifsud

An EU official took all the risk when she invested her severance package, with the result that the value decreased

Serious lack of maintenance of rented premises may bring about eviction

Malcolm Mifsud

'When a tenant fails to perform maintenance, which leads to serious damage to the rented property, then the tenant may be evicted from that property'

'When a tenant fails to perform maintenance, which...

Harassment takes place when there is a multitude of incidents

Malcolm Mifsud

The Police V Tristan Tedesco - he was charged with having escaped from police...

The Police V Tristan Tedesco - he was charged with having...

Sentencing an under-aged person must be done with care

Malcolm Mifsud

The Magistrates Court held that when a youth is being sentenced, the court must...

The Magistrates Court held that when a youth is being...

Eviction cannot be blocked by the Court, if it has already been carried out

Malcolm Mifsud

The First Hall of the Civil Court turned down a warrant issue request of prohibitory injunction to block an eviction but the court marshals had already changed...

The First Hall of the Civil Court turned down a warrant...

Warrant of prohibitory injunction approved irrespective of special hypothec

Malcolm Mifsud

A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour

A Magistrate’s Court upheld an application for a...

When buyer discovers defect, he must take legal action within six months

Malcolm Mifsud

The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted

The Magistrates Court upheld a plea of prescription because...

Court rules that articles of law need not necessarily be mentioned at the conclusion of a judgment

Malcolm Mifsud

A judgment is not null and void if the Court fails to mention all the articles of law in its conclusion, but are mentioned in other parts of the judgment

A judgment is not null and void if the Court fails to...

No revocation of garnishee order if filed correctly

Malcolm Mifsud

If a garnishee order is filed according to law, then it should not be revoked,...

If a garnishee order is filed according to law, then it...

Malcolm Mifsud

In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment

In the case where a plaintiff is seeking payment and the...

Vicarious liability in charge sheet must be indicated

Malcolm Mifsud

A person who is being charged with a crime committed when holding a...

A person who is being charged with a crime committed...

No need of judicial acts before appeals before Administrative Review Tribunal

Malcolm Mifsud

The Administrative Review Tribunal turned down a plea from the Ministry of Education that judicial acts should be filed before actions are filed with the...

The Administrative Review Tribunal turned down a plea from...

Police statement dismissed as hearsay evidence unless corroborated in court

Malcolm Mifsud

A magistrate’s court held that a statement given to the police which was not corroborated by any other evidence in court was tantamount to...

A magistrate’s court held that a statement...

Every EU State must apply directives in conformity with the individual EU member state’s law

Malcolm Mifsud

When the Maltese Parliament transposes a Directive in the Enforcement of Intellectual Property Rights (Regulation) Act, its application must be in conformity...

When the Maltese Parliament transposes a Directive in the...