MaltaToday.com.mt - Comment / Law Report

The choice of law may be deduced from the terms of the contract

Malcolm Mifsud

The choice of law in a contract may be determined either if it is expressly mentioned or else from what one can gather from the terms and conditions which one applies

Ministry’s interpretation of the law makes it impossible to comply with

Malcolm Mifsud

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 residency document

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...