Court denies property division due to plaintiffs’ lack of evidence
Malcolm Mifsud
In a recent decision, the First Hall of the Civil Court, presided over by Justice Dr Joanna Vella Cuschieri, ruled against the division of a co-owned property in the case of...
Breach of bail is a separate crime
Malcolm Mifsud
The Prosecution may choose to prosecute an accused, if they breache the bail conditions, according to a ruling delivered by the Court of Criminal Appeal presided by Mr Justice...
Appeals from Industrial Tribunal should be only on points of law
Malcolm Mifsud

The Court of Appeal annulled an appeal on the ground that the appeal was...

The Court of Appeal annulled an appeal on the ground that...

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...

The Court of Appeal wants the law changed in order for...

Government boards subject to judicial review

In the case ‘L-Avukat Malcolm Mifsud u l-Avukat Cedric Mifsud vs il-Bord...

In the case ‘L-Avukat Malcolm Mifsud u l-Avukat...

Judge recognises defendant’s right to abandon business after plaintiff’s default
Malcolm Mifsud

Once a plaintiff defaulted on his obligations contracted with a defendant, the same defendant had every right to abandon the business set up with the plaintiff

Once a plaintiff defaulted on his obligations contracted...

A legal contract of works shall have the force of law, with no room for interpretation when the terms of agreement are clear
Malcolm Mifsud

The cardinal principle that governs a contract remains that the contractual obligation must be respected, and that it is the will of the contracting parties as...

The cardinal principle that governs a contract remains that...

The Constitutional Court denies discharge as a provisional measure
Malcolm Mifsud

The Constitutional Court denies discharge as a provisional measure

The Constitutional Court denies discharge as a provisional...

An executive warrant of arrest of sea vessels may only be impugned for a valid reason at law

An Executive Warrant of Arrest of Sea Vessels which is issued may only be revoked following an application containing all desired submissions together with all...

An Executive Warrant of Arrest of Sea Vessels which is...

Party must appeal from identical judgment in another case
Malcolm Mifsud

A party to an appeal had an appeal rejected because she failed to appeal from...

A party to an appeal had an appeal rejected because she...

A delay in proceedings does not mean that a person does not serve his time in prison
Malcolm Mifsud

The Constitutional Court held that once a case was to be held with urgency, there was no need that the applicant be released from prison until the case is...

The Constitutional Court held that once a case was to be...

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
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
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
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

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
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
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
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
Malcolm Mifsud

The changes in circumstances may allow a change in legitimate expectations

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