MaltaToday.com.mt - Comment / Law Report

Lands Authority wins right to reclaim Riviera Martinique Land

Julian Mifsud

Appeals Court confirms that the Lands Authority is entitled to recover a tract of land originally granted for the extension of the Riviera Martinique Hotel

Redefining cannabis, redefining crime

Julian Mifsud

The magistrate acknowledged under the previous definition, it may have been argued that importing or possessing part of the cannabis plant remained criminal even where the THC...

Restorative justice focuses on repairing harm caused by criminal behaviour through reconciliation, accountability, and reintegration rather than solely...

Restorative justice focuses on repairing harm caused by...

Before depositing rent in court, a tenant must first offer payment

Malcolm Mifsud

A deposit of rent in court is only valid if the tenant first offers payment to...

A deposit of rent in court is only valid if the tenant...

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...