In a judgment in the names Bonello vs Debono, delivered by the Court of Appeal, the court gave a practical reminder on the limits of delegating tax affairs to a professional
The law allows co-owners of a property to arrive at a fair price when the majority would like to sell, while the minority is resisting the sale
Secondment clause enforced
A former aviation manager has won over €32,000 after a Maltese court ruled his employer broke a promise to renew his contract, despite claiming he’d...
A former aviation manager has won over €32,000 after a...
One who makes use of legitimate action cannot cause damages
A recent judgment has clarified the limits of liability for precautionary...
A recent judgment has clarified the limits of liability for...
Court makes a distinction between wrongdoing and negligence
When a person’s actions do not amount to criminal negligence under...
When a person’s actions do not amount to criminal...
Cause and effect must be connected in damages cases
When the court is determining whether a defendant is responsible for damages,...
When the court is determining whether a defendant is...
Confiscation can take place without a criminal conviction
Malta’s asset recovery law allows confiscation by the courts even without...
Malta’s asset recovery law allows confiscation by the...
Plaintiff must take an oath on the sworn application
Procedural rules are strict and must be strictly observed, according to the...
Procedural rules are strict and must be strictly observed,...
Strict application of 2021 rent reform leads to eviction order
The decision of the Rent Regulation Board in Carmen Cassar et vs Joseph Caruana...
The decision of the Rent Regulation Board in Carmen Cassar...
Court cannot fill in with evidence a party failed to produce
If a party fails to produce evidence on what it alleges, the court cannot...
If a party fails to produce evidence on what it alleges,...
When enforcing an EU member state judgment, the Maltese court should apply the law restrictively
A judgment which was delivered in Cyprus is enforceable because the issue of public order must be interpreted restrictively
A judgment which was delivered in Cyprus is enforceable...
Carer ordered to find a full-time job within three months
The Appeals Court has ordered that a wife, who suffers from mental health...
The Appeals Court has ordered that a wife, who suffers from...
Time-bar period for water leakages commences when the damages are obvious
Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place
Since water leakages take time to emerge the time-bar...
Defendant cannot raise new pleas in appeal stage
New pleas cannot be raised in an appeal of any of the parties.
New pleas cannot be raised in an appeal of any of the...
Additional pipes and windows cannot be placed if not referred to in the contract
The servitudes mentioned in the contract are not to be added on if not agreed to, according to a judgment delivered in May 2025
The servitudes mentioned in the contract are not to be...
When enforcing a foreign judgment the court must apply the law restrictively
The court cannot go outside the parameters of the law when it is deciding whether to enforce a foreign judgment in Malta
The court cannot go outside the parameters of the law when...
Interest on deposit starts when promise of sale falls through
The interest on the refund of a deposit paid on a promise of sale (POS)...
The interest on the refund of a deposit paid on a promise...
A court cannot stop an action which has already taken place
A warrant of prohibitory injunction cannot be issued if the action it is being...
A warrant of prohibitory injunction cannot be issued if the...
Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta
In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited (the...
In the case of In-Sight Limited vs Juheng Chen and Yujun...
Tax Commissioner is to follow the procedure in full
A tax estimate was declared null and void because the Tax Commissioner failed...
A tax estimate was declared null and void because the Tax...
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National
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