MaltaToday.com.mt - Comment / Law Report

Restorative justice in action

Restorative justice focuses on repairing harm caused by criminal behaviour through reconciliation, accountability, and reintegration rather than solely punitive measures

Before depositing rent in court, a tenant must first offer payment

Malcolm Mifsud

A deposit of rent in court is only valid if the tenant first offers payment to the owner. If payment is rejected then the tenant may deposit the rent in court

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...

Appeals of Small Claims Tribunal are limited to points of law

Malcolm Mifsud

A Court of Appeal presiding over a case of Fogg Insurance Agencies Ltd noe...

A Court of Appeal presiding over a case of Fogg...

Legislation failed to protect workers from asbestos

Malcolm Mifsud

A court held that the legislation concerning workers handling asbestos was...

A court held that the legislation concerning workers...

Actions must be filed within the prescribed time

Malcolm Mifsud

A court turned down an action which was instituted after a 20-day period...

A court turned down an action which was instituted...

Confusion in products is unfair competition

Malcolm Mifsud

The fact that one gas distributor also filled the gas cylinders of competitors...

The fact that one gas distributor also filled the gas...

Malcolm Mifsud

It is not sufficient for a witness to simply testify on a document if it is not produced in court

It is not sufficient for a witness to simply testify on a...

Notification of judicial letter essential to interrupt prescription

Malcolm Mifsud

A court has ruled that for prescription to be interrupted, a defendant must be...

A court has ruled that for prescription to be interrupted,...

Employers bound to ensure safety of the workplace

Miriam Dalli

Employers are bound to ensure safety on the workplace, the Court of Appeal said...

Employers are bound to ensure safety on the workplace, the...

Lease taken over by widow is not a sublease

Malcolm Mifsud

The act of a widow taking over the lease of a butcher shop does not constitute...

The act of a widow taking over the lease of a butcher shop...

Property above and below land belongs to the landowner

Malcolm Mifsud

Whoever has the ownership of the land has also that of the space above it, and...

Whoever has the ownership of the land has also that of the...

Quasi-contract services do not preclude lack of compensation

Malcolm Mifsud

Services rendered to an aunt by her niece are to be compensated for, even if...

Services rendered to an aunt by her niece are to be...

Maltese Court may still have jurisdiction irrespective of foreign jurisdiction clause

Malcolm Mifsud

The Maltese Court may have jurisdiction to hear and decide cases where the parties have signed a contract which indicates another country to have judicial...

The Maltese Court may have jurisdiction to hear and decide...

Works on a pavement may contribute spoliation

Malcolm Mifsud

Works carried by one of two warring bar owners constituted spoliation of the...

Works carried by one of two warring bar owners constituted...