MaltaToday.com.mt - Comment / Law Report

Foreign law is to be considered as a point of fact

Malcolm Mifsud

When there is evidence related to foreign law in a court case, this should be dealt with as a fact and not as a point of law

A decree during mediation remains valid despite no action instituted within stipulated time

Malcolm Mifsud

A maintenance order is still valid, although separation proceedings were not instituted within two months from the end of mediation

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 law allows a liquidation of a company upon the...

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...

An EU official took all the risk when she invested her...

A judicial review may be done only against the public administration

Malcolm Mifsud

A call to include persons with interest in the action was turned down because...

A call to include persons with interest in the action was...

Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded

The Developer must bear the expenses for reconstructing a common party wall when the height proposed in the development cannot be supported by the common wall

The Developer must bear the expenses for reconstructing a...

Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors

Malcolm Mifsud

A judicial liquidation is aimed at protecting creditors and is done by a collective procedure

A judicial liquidation is aimed at protecting creditors and...

Damages lawsuit requires proof of direct link between action and its alleged consequences

Malcolm Mifsud

An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed

An action for damages requires that there must be a direct...

Court must assure that all co-owners receive a fair price in forced sale of property

Malcolm Mifsud

When the majority of co-owners request the sale of the property, the Court has to see whether the sale will cause serious prejudice to the minority

When the majority of co-owners request the sale of the...

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

Restorative justice focuses on repairing harm caused by...

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...

A deposit of rent in court is only valid if the tenant...

Payment of rent by agricultural produce has to be subject to a written agreement

Malcolm Mifsud

An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement

An agricultural lease may be paid by fruit or vegetables;...

Producing no evidence may imply responsibility

Malcolm Mifsud

If a party to any action does not produce any evidence in a damages case, it...

If a party to any action does not produce any evidence in a...

When enforcing a foreign judgment, the Maltese Courts should not carry out a retrial

Malcolm Mifsud

In a decree issued by the First Hall of the Civil Court in Dr Malcolm Mifsud noe vs Ugor Tatlici given on 30 October 2024, the Court ruled that Article...

In a decree issued by the First Hall of the Civil Court in...

Tribunal rules against buyer in car payment dispute, orders compensation

In a judgment in the names Astrid Parnis vs Neil Attard, a Tribunal ruled that a car buyer must settle outstanding payments and reimburse fines after failing...

In a judgment in the names Astrid Parnis vs Neil Attard, a...

Licensed cargo agents have exclusivity only in customs restricted areas

Malcolm Mifsud

A licensed cargo agent may be allowed to pick up merchandise from restricted areas controlled by the Customs Department

A licensed cargo agent may be allowed to pick up...

A judicial sale by auction will not be suspended unless there is a legitimate impediment warranting such suspension

A judicial sale by auction will not be suspended unless...

Malcolm Mifsud

The Court must be convinced that the evidence brought before it was not tampered with

The Court must be convinced that the evidence brought...

The different approaches to revoke a garnishee order

Malcolm Mifsud

The party subject to a precautionary warrant, such as a garnishee order must...

The party subject to a precautionary warrant, such as a...

An employer does not have the power to reject an employee’s resignation

In the case Clayton Zammit vs Erica Pantaleon, decided by the Industrial Tribunal on the 7 August 2024, the Tribunal decided that the case lodged by the...

In the case Clayton Zammit vs Erica Pantaleon, decided by...