MaltaToday.com.mt - Comment / Law Report

Interest on deposit starts when promise of sale falls through

Malcolm Mifsud

The interest on the refund of a deposit paid on a promise of sale (POS) agreement for a property may commence only when the POS falls through

A court cannot stop an action which has already taken place

Malcolm Mifsud

A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place

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...

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...

Terms of agreement should be clear between contracting parties

Malcolm Mifsud

The parties to an agreement should be clear to each other and each of the...

The parties to an agreement should be clear to each other...

Shareholders may sue other shareholders for damages only in certain circumstances

Malcolm Mifsud

Shareholders may take action against other shareholders only when it is impossible that the company will take action itself

Shareholders may take action against other shareholders...

Reputation issues may be reason to allow a liquidation of a company

Malcolm Mifsud

The Reputation of fellow shareholders may be considered as a grave circumstance...

The Reputation of fellow shareholders may be considered as...

COVID 19 Legal Notice suspending liquidation of companies should be repealed

Malcolm Mifsud

The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had suspended the winding up of companies as part of the pandemic measures taken

The Commercial Court asked Ministers to repeal Legal Notice...

Representation in a contract must be indicated

Malcolm Mifsud

If a party is representing another party in an agreement or a contract must be...

If a party is representing another party in an agreement or...

Parties may not follow through on promise-of-sale if earnest (kapparra) is paid

Malcolm Mifsud

If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor will have to...

If the purchaser pays earnest (kapparra) the parties may...

Malcolm Mifsud

The jurisdiction of Tribunals are found in special law and if not found in the law, then the courts should adopt their general jurisdiction of the case before...

The jurisdiction of Tribunals are found in special law and...

Malcolm Mifsud

The authorities may take measures in private property in order to safeguard public health and within the pubic interest

The authorities may take measures in private property in...

Judicial review may take place on fines, even though they have been paid

Malcolm Mifsud

The decision to impose a fine from an administrative authority may be subject to judicial review even though that fine was paid

The decision to impose a fine from an administrative...

Enforcement of foreign tax claims is based on reciprocal EU co-operation

Malcolm Mifsud

The enforcement and the collection of taxes for EU member states is based on reciprocal co-operation between the EU states

The enforcement and the collection of taxes for EU member...

The Arbiter for Financial Services and competence for own investigations

Malcolm Mifsud

The Office of the Arbiter for Financial Services is a self-governing and autonomous institution with the ability to arbitrate, investigate, and resolve...

The Office of the Arbiter for Financial Services is a...