MaltaToday.com.mt - Comment / Law Report

Additional pipes and windows cannot be placed if not referred to in the contract

Malcolm Mifsud

The servitudes mentioned in the contract are not to be added on if not agreed to, according to a judgment delivered in May 2025

When enforcing a foreign judgment the court must apply the law restrictively

Malcolm Mifsud

The court cannot go outside the parameters of the law when it is deciding whether to enforce a foreign judgment in Malta

Court lists elements to find accused guilty of fraud

Malcolm Mifsud

The Magistrates Court in Gozo found Victor Camilleri guilty of fraud,...

The Magistrates Court in Gozo found Victor Camilleri guilty...

Evidence cannot be produced in submissions

Malcolm Mifsud

From the evidence the court concluded that the bones of contention were that...

From the evidence the court concluded that the bones of...

An action of spoliation is one of public order

Malcolm Mifsud

The Court held that the plaintiff did not have a right to an action of...

The Court held that the plaintiff did not have a right to...

Property is deemed to be commercial if complementary to the principal business

Malcolm Mifsud

The board commented that in this case the discontinued conversion took place 12 years before the applicants filed their action in court

The board commented that in this case the discontinued...

Contractor has to make good for damage to State and private property

Malcolm Mifsud

The Court observed that the tender included a number of conditions, obliging...

The Court observed that the tender included a number of...

Malcolm Mifsud

A number of witnesses confirmed that they heard the plaintiffs discuss the issue of the surname and had intended to register their child’s surname...

A number of witnesses confirmed that they heard the...

Tribunal asks developer to scale down development

Robert Musumeci

Residences without a street frontage were permitted in the old policies

Residences without a street frontage were permitted in the...

Correct notification is essential for EU tax enforcement procedure

Malcolm Mifsud

A Court revoked an enforcement decree since it was issued before the...

A Court revoked an enforcement decree since it was...

Eviction request: appeals should be filed within time prescribed by law

Malcolm Mifsud

The Constitutional Court turned down an appeal from a partial judgement since it was filed beyond the obligatory 20 days

The Constitutional Court turned down an appeal from a...

Administrators of a vacant inheritance have to follow appointment procedure

Malcolm Mifsud

In their application, the plaintiffs claimed that the defendants held on to a house in St Paul’s Bay against their will and they wanted them to be...

In their application, the plaintiffs claimed that the...

Court turns down plea that the applicant has other remedies

Malcolm Mifsud

The First Hall of the Civil Court in its Constitutional jurisdiction turned...

The First Hall of the Civil Court in its Constitutional...

Harassment is harassment if there is more than one incident

Malcolm Mifsud

Harassment can take the form of words or actions. The prosecution must prove a...

Harassment can take the form of words or actions. The...

Malcolm Mifsud

The plaintiff had originally claimed before the Magistrates Court that Galea owed him €5,140 for merchandise that he had sold him

The plaintiff had originally claimed before the Magistrates...

A co-owner has to pay his share for urgent works

Malcolm Mifsud

The shares of the co-owners shall, unless the contrary is proved, be presumed...

The shares of the co-owners shall, unless the contrary is...

Damages arise when a co-owner excludes another co-owner

Malcolm Mifsud

Co-owners cannot occupy common property and take the fruits of that property...

Co-owners cannot occupy common property and take the fruits...

In spoliation, the perpetrator must be identified

Malcolm Mifsud

The plaintiff in his application explained that a block of apartments owned by...

The plaintiff in his application explained that a block of...

Departmental decision is required for judicial review

Malcolm Mifsud

A court may delve into a government department’s decision and not into...

A court may delve into a government department’s...

Interpretation of a contract is taken from the wording of the contract

Malcolm Mifsud

The interpretation of a contract is done in accordance with Article 1002 of the Civil Code and therefore, the interpretation should be extracted from the...

The interpretation of a contract is done in accordance with...