MaltaToday.com.mt - Comment / Law Report

Violence in obtaining consent must cause actual fear

Malcolm Mifsud

Not every threat will annul a contract. This was held in a judgment delivered by Judge Miriam Hayman on 6 March 2026 in the Best Deals International Limited (the plaintiff) vs...

Guarantor must show that they are bound to pay

Malcolm Mifsud

A guarantor to a bank loan must have at least paid back part of the sum due instead of the main debtor before taking legal action against the debtor

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...

Part-payment of bills of exchange can block their execution

Malcolm Mifsud

If the debtor pays in part the bills of exchange, the court may reject an...

If the debtor pays in part the bills of exchange, the court...

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...

In a recent decision, the First Hall of the Civil Court,...

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...

The Prosecution may choose to prosecute an accused, if they...

Right to a widow’s pension even following annulment

Malcolm Mifsud

The annulment of a marriage may still allow a woman to receive a widow’s...

The annulment of a marriage may still allow a woman to...

One cannot take the law into his own hands, even when rights are allegedly violated

No person can take the law in his own hands, even if his own rights are allegedly being violated by the other party

No person can take the law in his own hands, even if his...

Malcolm Mifsud

Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered, with analysis regard diverging views on...

Court upholds claim for payments of sum owed by applicant...

Landlords' battle over rent control ends in defeat

Gianluca Cappitta

Judge Lawrence Mintoff, dismissed claims by property owners seeking to...

Judge Lawrence Mintoff, dismissed claims by property owners...

Court strikes down severe cash penalty as unconstitutional

In a landmark decision, the Constitutional Court on 24 June 2024 declared a...

In a landmark decision, the Constitutional Court on 24 June...

Court may turn down claims, even if Defendant did not file statement of defence

Malcolm Mifsud

The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff

The lack of a statement of defence does not mean that the...