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Violence in obtaining consent must cause actual fear

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

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
An executive warrant of arrest of sea vessels may only be impugned for a valid reason at law

An executive warrant of arrest of sea vessels may only be impugned for a valid reason at law

An Executive Warrant of Arrest of Sea Vessels which is issued may only be revoked following an application containing all desired submissions together with all...

An Executive Warrant of Arrest of Sea Vessels which is...

Party must appeal from identical judgment in another case

Party must appeal from identical judgment in another case

Malcolm Mifsud

A party to an appeal had an appeal rejected because she failed to appeal from...

A party to an appeal had an appeal rejected because she...

A delay in proceedings does not mean that a person does not serve his time in prison

A delay in proceedings does not mean that a person does not serve his time in prison

Malcolm Mifsud

The Constitutional Court held that once a case was to be held with urgency, there was no need that the applicant be released from prison until the case is...

The Constitutional Court held that once a case was to be...

A garnishee order may be reduced if the circumstances have changed

A garnishee order may be reduced if the circumstances have changed

Malcolm Mifsud

If there is a change in circumstances which allow the reduction of a garnishee...

If there is a change in circumstances which allow the...

Court of Appeal explains the three elements of the plea of res judicata

Court of Appeal explains the three elements of the plea of res judicata

Malcolm Mifsud

The Court of Appeal upheld a plea that the case has already been decided on (res judicata), since there existed the three elements that make up this plea

The Court of Appeal upheld a plea that the case has already...

When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded

When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded

Malcolm Mifsud

The Court held that the Criminal Court has a discretion to award a punishment in cases of wilful homicide in terms of Article 492(2) of the Criminal Code

The Court held that the Criminal Court has a discretion to...

The revival of a company is done for exceptional reasons

The revival of a company is done for exceptional reasons

Malcolm Mifsud

The Court will revive a company which would have been struck off within five...

The Court will revive a company which would have been...

Lack of legal assistance does not render a violation of the right to a fair hearing when statements are made voluntarily outside pre-trial stage

Lack of legal assistance does not render a violation of the right to a fair hearing when statements are made voluntarily outside pre-trial stage

The right to a fair hearing, as guaranteed by Article 39 of the Maltese Constitution and Article 6 of the European Convention on Human Rights, necessitates...

The right to a fair hearing, as guaranteed by Article 39 of...

Fingerprints alone may be sufficient for an accused to be found guilty of theft

Fingerprints alone may be sufficient for an accused to be found guilty of theft

Malcolm Mifsud

There is no need of other circumstantial evidence, if fingerprints are found, in order to convict a suspect of theft

There is no need of other circumstantial evidence, if...

Court grants divorce after the wife remarries

Court grants divorce after the wife remarries

Malcolm Mifsud

The Court grants a divorce to the husband, when it is clear that the wife...

The Court grants a divorce to the husband, when it is clear...

Court must be precise on whether it is finding the accused guilty or not

Court must be precise on whether it is finding the accused guilty or not

Malcolm Mifsud

A judgment is null if it is not clear whether the court has found a person guilty or not of a crime

A judgment is null if it is not clear whether the court has...

Legitimate expectations are not set in stone

Legitimate expectations are not set in stone

Malcolm Mifsud

The changes in circumstances may allow a change in legitimate expectations

The changes in circumstances may allow a change in...

You can only sell what you have

You can only sell what you have

Malcolm Mifsud

A promise of sale agreement could not have been entered into because the seller did not yet own the property

A promise of sale agreement could not have been entered...

The action of spoliation is intended to keep the public order

The action of spoliation is intended to keep the public order

Malcolm Mifsud

The action to reverse an act of spoliation is intended to stop a person from...

The action to reverse an act of spoliation is intended to...

A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment

A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment

Following a constitutional judgment declaring that the owner’s property rights have been infringed, a tenant may be evicted if he solely rests upon the...

Following a constitutional judgment declaring that the...

Nullifying a fine which breaches natural justice

Nullifying a fine which breaches natural justice

The Court declared a fine issued by the Sanctions Monitoring Board on the...

The Court declared a fine issued by the Sanctions...

An applicant refused a Single Work Permit should be notified about the basic right of appeal

An applicant refused a Single Work Permit should be notified about the basic right of appeal

Malcolm Mifsud

The Court has established that the appellee was legally present in Malta or elsewhere in the European Union and that his submission for appeal in front of the...

The Court has established that the appellee was legally...

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case

Malcolm Mifsud

If the same parties to a case, are before the Court of Appeal, then the Court of first instance of another case which is identical, may be suspended in order...

If the same parties to a case, are before the Court of...

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