Court strikes down severe cash penalty as unconstitutional
In a landmark decision, the Constitutional Court on 24 June 2024 declared a regulation imposing a 55% penalty on travellers carrying over €10,000 in cash as unconstitutional
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
Actions concerning legacies are to be dealt with by the Superior Courts irrespective of the value
Malcolm Mifsud

When the Superior Courts are faced with an action concerning a testimony legacy, then that Court has jurisdiction to hear and decide the case, irrespective of...

When the Superior Courts are faced with an action...

Who fails to present statement of defence on time, may do so only in exceptional circumstances
Malcolm Mifsud

If a defendant to a court case fails to present a statement of defence within twenty days, the court may allow it to be presented only in exceptional...

If a defendant to a court case fails to present a statement...

Maltese courts have jurisdiction irrespective of jurisdiction clause
Malcolm Mifsud

Civil Procedure allows Maltese courts to take cognisance of legal issue even...

Civil Procedure allows Maltese courts to take cognisance of...

Landlord cannot claim full di fermo period if property is rented to third party
Malcolm Mifsud

A landlord may not claim the rent for the full di fermo period if the same landlord had rented the property to a third party after the tenant vacated the...

A landlord may not claim the rent for the full di fermo...

Owners have a right to visit rented property
Malcolm Mifsud

The law provides the right for owners to visit the rent property after reaching...

The law provides the right for owners to visit the rent...

Appeal from Industrial Tribunal must be filed within 12 days
Malcolm Mifsud

An appeal from an Industrial Tribunal decision must be filed within 12 days and...

An appeal from an Industrial Tribunal decision must be...

Civil Courts bound to decide on the validity of lease agreements
Malcolm Mifsud

Recent amendments to the Civil Code confirm that the Civil Courts have...

Recent amendments to the Civil Code confirm that the Civil...

Novation only takes place when obligation is extinguished to make room for a new obligation
Malcolm Mifsud

A verbal agreement following a public deed is not novation if the terms and conditions were merely modified

A verbal agreement following a public deed is not novation...

Special circumstances may help to change punishments
Malcolm Mifsud

When the accused admits to charges, the Court of Criminal Appeal may change the...

When the accused admits to charges, the Court of Criminal...

Contractors remain responsible even though the works have been accepted
Malcolm Mifsud

When a contractor finishes the works he or she was engaged to carry out, he/she will be still responsible even if the works have been accepted and paid

When a contractor finishes the works he or she was engaged...

Adultery has its consequences: woman made husband work lover’s field
Malcolm Mifsud

Wife brought another man into their matrimonial home and the husband was made to live in the boxroom, then in a field and then in a garage

Wife brought another man into their matrimonial home and...

Fund administrators and trustees cannot depend on advice given by other professionals
Malcolm Mifsud

Fund administrators and trustees of pensions funds must carry administer the investments in a diligent manner and not depend solely of what third party...

Fund administrators and trustees of pensions funds must...

Termination of community of acquests during separation proceedings concern future dealings only
Malcolm Mifsud

The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses

The community of acquests may be terminated during...

Warrants enforcing executive titles may be challenged in very limited cases
Malcolm Mifsud

Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has been issued

Once the merits of a case have been decided, the court...

If you engage an incompetent person, you are responsible for damages caused
Malcolm Mifsud

Damages caused by a incompetent contractor, will be charged to the party who engaged that contractor

Damages caused by a incompetent contractor, will be charged...

Suspension of court case in order to wait for another court case is exceptional
Malcolm Mifsud

The Courts may be faced with a situation whether it would be best to wait for the outcome of another case

The Courts may be faced with a situation whether it would...

Administrative decisions cannot be revoked without consultation
Malcolm Mifsud

Authorities cannot reply merely on third party complains when it revokes...

Authorities cannot reply merely on third party complains...

It’s plaintiff that must prove its case to Court’s satisfaction
Malcolm Mifsud

The Court may rest solely on the plaintiff’s evidence, even if the...

The Court may rest solely on the plaintiff’s...