Court must apply more favourable version of legal amendments for the accused
Malcolm Mifsud
​In a judgment delivered on 6 July, Magistrate Elaine Rizzo reiterated an important legal principle that the accused should benefit from the more favourable version of an...
Enforcement of an executive warrant should be limited to the executive title
Malcolm Mifsud
In the case Mary Rose Enriquez vs Martin Schembri, the Court of Appeal reaffirmed the fundamental principle that an executive warrant cannot travel beyond the boundaries of the...
The choice of law may be deduced from the terms of the contract
Malcolm Mifsud

The choice of law in a contract may be determined either if it is expressly...

The choice of law in a contract may be determined either if...

Ministry’s interpretation of the law makes it impossible to comply with
Malcolm Mifsud

Those who apply for an exemption for vehicle registration tax would need to show they lived 24 months outside Malta from the date of the issuance of the...

Those who apply for an exemption for vehicle registration...

Are there any benefits from a guilty plea?
Malcolm Mifsud

​The Criminal Court discussed and decided on whether an accused should...

​The Criminal Court discussed and decided on whether an...

Not any damage may terminate a lease
Malcolm Mifsud

​For a lease agreement to be terminated because of damage done to the property, the damage, must be considerable

​For a lease agreement to be terminated because of damage...

An error in a contract should be such it cannot be verified
Malcolm Mifsud

A contract between parties is valid at law, if the fact mentioned in it may be...

A contract between parties is valid at law, if the fact...

Court permits deportation of long-term Ethiopian residents despite pending human rights claims | Andrew Drago

The deportation of three long-term Ethiopian residents raises questions about Malta’s commitment to fundamental rights. Andrew Drago explores how the...

The deportation of three long-term Ethiopian residents...

Misappropriation is a crime that affects trust
Malcolm Mifsud

In a judgment delivered by Magistrate Simone Grech in Police vs Terence...

In a judgment delivered by Magistrate Simone Grech in...

Court upholds rights of injured and unregistered worker
Malcolm Mifsud

On 23 July 2025, Magistrate Donatella Frendo Dimech delivered a powerful...

On 23 July 2025, Magistrate Donatella Frendo Dimech...

Secondment clause enforced
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

​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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

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
Malcolm Mifsud

The Appeals Court has ordered that a wife, who suffers from mental health...

The Appeals Court has ordered that a wife, who suffers from...