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Plea of res judicata declined as merits not discussed in initial case

Plea of res judicata declined as merits not discussed in initial case
A plea of res judicata was rejected because the merits of the case were not examined in the first instance
Increase in rent should reflect the open market value of the property

Increase in rent should reflect the open market value of the property
Malcolm Mifsud
The Court should take into account the value of the property when calculating the increase in rent
A garnishee order may be reduced if the circumstances have changed

A garnishee order may be reduced if the circumstances have changed

Malcolm Mifsud

If there is a change in circumstances which allow the reduction of a garnishee...

If there is a change in circumstances which allow the...

Court of Appeal explains the three elements of the plea of res judicata

Court of Appeal explains the three elements of the plea of res judicata

Malcolm Mifsud

The Court of Appeal upheld a plea that the case has already been decided on (res judicata), since there existed the three elements that make up this plea

The Court of Appeal upheld a plea that the case has already...

When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded

When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded

Malcolm Mifsud

The Court held that the Criminal Court has a discretion to award a punishment in cases of wilful homicide in terms of Article 492(2) of the Criminal Code

The Court held that the Criminal Court has a discretion to...

The revival of a company is done for exceptional reasons

The revival of a company is done for exceptional reasons

Malcolm Mifsud

The Court will revive a company which would have been struck off within five...

The Court will revive a company which would have been...

Lack of legal assistance does not render a violation of the right to a fair hearing when statements are made voluntarily outside pre-trial stage

Lack of legal assistance does not render a violation of the right to a fair hearing when statements are made voluntarily outside pre-trial stage

The right to a fair hearing, as guaranteed by Article 39 of the Maltese Constitution and Article 6 of the European Convention on Human Rights, necessitates...

The right to a fair hearing, as guaranteed by Article 39 of...

Fingerprints alone may be sufficient for an accused to be found guilty of theft

Fingerprints alone may be sufficient for an accused to be found guilty of theft

Malcolm Mifsud

There is no need of other circumstantial evidence, if fingerprints are found, in order to convict a suspect of theft

There is no need of other circumstantial evidence, if...

Court grants divorce after the wife remarries

Court grants divorce after the wife remarries

Malcolm Mifsud

The Court grants a divorce to the husband, when it is clear that the wife...

The Court grants a divorce to the husband, when it is clear...

Court must be precise on whether it is finding the accused guilty or not

Court must be precise on whether it is finding the accused guilty or not

Malcolm Mifsud

A judgment is null if it is not clear whether the court has found a person guilty or not of a crime

A judgment is null if it is not clear whether the court has...

Legitimate expectations are not set in stone

Legitimate expectations are not set in stone

Malcolm Mifsud

The changes in circumstances may allow a change in legitimate expectations

The changes in circumstances may allow a change in...

You can only sell what you have

You can only sell what you have

Malcolm Mifsud

A promise of sale agreement could not have been entered into because the seller did not yet own the property

A promise of sale agreement could not have been entered...

The action of spoliation is intended to keep the public order

The action of spoliation is intended to keep the public order

Malcolm Mifsud

The action to reverse an act of spoliation is intended to stop a person from...

The action to reverse an act of spoliation is intended to...

A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment

A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment

Following a constitutional judgment declaring that the owner’s property rights have been infringed, a tenant may be evicted if he solely rests upon the...

Following a constitutional judgment declaring that the...

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Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered

Malcolm Mifsud

Landlords' battle over rent control ends in defeat

Gianluca Cappitta

Court strikes down severe cash penalty as unconstitutional

Court may turn down claims, even if Defendant did not file statement of defence

Malcolm Mifsud
Nullifying a fine which breaches natural justice

Nullifying a fine which breaches natural justice

The Court declared a fine issued by the Sanctions Monitoring Board on the...

The Court declared a fine issued by the Sanctions...

An applicant refused a Single Work Permit should be notified about the basic right of appeal

An applicant refused a Single Work Permit should be notified about the basic right of appeal

Malcolm Mifsud

The Court has established that the appellee was legally present in Malta or elsewhere in the European Union and that his submission for appeal in front of the...

The Court has established that the appellee was legally...

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case

Malcolm Mifsud

If the same parties to a case, are before the Court of Appeal, then the Court of first instance of another case which is identical, may be suspended in order...

If the same parties to a case, are before the Court of...

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban

Malcolm Mifsud

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban given by the Principal Immigration Officer

Lack of evidence pushes the Immigration Appeals Board to...

Representation must be proven

Representation must be proven

Malcolm Mifsud

Those who claim to represent a party in a lawsuit have to prove their representation

Those who claim to represent a party in a lawsuit have to...

A consignee is considered to be a legitimate respondent in intellectual property proceedings

A consignee is considered to be a legitimate respondent in intellectual property proceedings

Malcolm Mifsud

A consignee is considered to be a legitimate respondent in intellectual property proceedings

A consignee is considered to be a legitimate respondent in...

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