MaltaToday.com.mt - Comment / Law Report

Court of Appeal wants a one stop shop for when people sue the government

Malcolm Mifsud

The Court of Appeal wants the law changed in order for plaintiffs to sue directly the government or the State Advocate as its main legal counsel rather than sue different entities

Government boards subject to judicial review

In the case ‘L-Avukat Malcolm Mifsud u l-Avukat Cedric Mifsud vs il-Bord ta’ Sorveljanza Dwar Sanzjonijiet’ before Judge Audrey Demicoli, the Court had declared...

Wife loses maintenance because she was the main contributor to breakdown of marriage

Malcolm Mifsud

The Court ruled that once the wife contributed to the breakdown of the marriage, she lost the right to maintenance • This was held in PB v JB...

The Court ruled that once the wife contributed to the...

Interim measures only granted by the Constitutional Court when no ordinary remedy is available

Malcolm Mifsud

Interim measures will only be granted by the Constitutional Court when no ordinary remedy is at the disposition of the claimant

Interim measures will only be granted by the Constitutional...

Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied

Malcolm Mifsud

A warrant of prohibitory injunction will only be issued by the Court when the conditions outlined in the Law are cumulatively satisfied

A warrant of prohibitory injunction will only be issued by...

Retrial proceedings should not serve as a means of a further appeal

Malcolm Mifsud

In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe...

In a judgement in the names of Al-Masri Agostina Vs...

Shareholder may use directors of struck-off company only on personal rights

Malcolm Mifsud

A shareholder of a company which is now struck off the Companies Register is allowed to sue directly the former directors, as long as the claim refers to the...

A shareholder of a company which is now struck off the...

Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer

Malcolm Mifsud

It is not just and equitable that the applicant for a work and residence permit (a Single Permit) application must bear the responsibility for the shortcomings...

It is not just and equitable that the applicant for a work...

Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing

Malcolm Mifsud

The fundamental right to a fair hearing is infringed when parties are not notified of proceedings being instituted against them

The fundamental right to a fair hearing is infringed when...

A new lease agreement is deemed to be renunciation of the old lease agreement

Malcolm Mifsud

When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact mean that he would be...

When a landlord does not accept the termination of a lease...

Malcolm Mifsud

When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact mean that he would be...

When a landlord does not accept the termination of a lease...

An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment

Malcolm Mifsud

An immigrant shall not be deemed to be overstaying from a date of termination of employment when such date was determined only by the employer and the...

An immigrant shall not be deemed to be overstaying from a...

A judicial letter must also be notified to the authorised insurance in motor vehicle collisions

In Motor vehicle collisions, where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter shall also be notified...

In Motor vehicle collisions, where the claim arises under...

Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act

The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights of the plaintiff...

The operations of the Reletting of Urban Property...

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Malcolm Mifsud

Good faith is an essential component of contracts

Malcolm Mifsud

A contractual obligation is created through an agreement that is reached...

A contractual obligation is created through an agreement...

Adultery should be automatically mean the responsibility of the breakdown of marriage

Malcolm Mifsud

Spouses are bound at law to be faithful to each other, however, if one of the spouses is adulterous, this does not automatically mean that that spouse is...

Spouses are bound at law to be faithful to each other,...

Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation

Malcolm Mifsud

Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took place

Although the law allowing a lawyer to be present at an...

Care and custody of a child is based on the principle of what is in the best interest and advantage of that child

Malcolm Mifsud

Care and custody is not based solely on who is the better parent, but the court must see the best interest of the child in the widest sense.

Care and custody is not based solely on who is the better...

Criminal liability can only be imposed if the formal and material conditions exist concurrently

Malcolm Mifsud

The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to be held criminally liable

The prosecution must prove that both the material element...

Contractor must pay for work carried out

Malcolm Mifsud

The general principle of contract of works is that if the works are carried out, then payment must be affected.

The general principle of contract of works is that if the...