MaltaToday.com.mt - Comment / Law Report

Court will not enter into intricacies when dealing with a precautionary warrant

Malcolm Mifsud

The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of the procedure

Shareholder is distinct from the company

Malcolm Mifsud

An agreement entered into by the majority shareholder of a company may have no bearing on the company

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...

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...

For a tender to be cancelled serious irregularities must be proven

Malcolm Mifsud

The fact that the contracting authority did not follow anti-competition...

The fact that the contracting authority did not follow...

Individuals cannot force government to issue property on tender

Malcolm Mifsud

Although individuals may have property adjacent to government land, they do not...

Although individuals may have property adjacent to...

Individuals cannot for the government to issue property on tender

Malcolm Mifsud

Although individuals may have property adjacent to government land, they do not...

Although individuals may have property adjacent to...

Interim measures in human rights cases should be applied in exceptional cases

Malcolm Mifsud

An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger

An interim measure should be allowed in very exceptional...

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Malcolm Mifsud

Gianluca Cappitta

Malcolm Mifsud

Court will only investigate a request for a counter-warrant on a prima facie basis

Malcolm Mifsud

The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee order

The Court cannot enter deeply into the merits of the case,...

Malcolm Mifsud

Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused

Circumstantial evidence is like a chain of evidence that...

Aggrieved bidder should not be penalised by mistake of contracting authority

Malcolm Mifsud

Whenever a bidder in a public call for tenders feels that a decision taken by a Contracting Authority has been unjust in its regard the first possibility for...

Whenever a bidder in a public call for tenders feels that a...

Tacit resolutive condition may dissolve agreement only in grave circumstances

Malcolm Mifsud

The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim

The Court will dissolve an agreement containing a tacit...

Court must be morally convinced charges admitted to actually exist

Malcolm Mifsud

The Court when faced with a guilty plea must be still convinced that the charge...

The Court when faced with a guilty plea must be still...

Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria

Malcolm Mifsud

When determining whether the dismissal from employment is a fair one or otherwise, the Industrial Tribunal is obliged to verify whether the requisites and...

When determining whether the dismissal from employment is a...