MaltaToday.com.mt - Comment / Law Report

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 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 years only for exceptional reasons

Courts must take into consideration all documents when deciding

Malcolm Mifsud

Courts and administrative tribunals must take into consideration all the...

Courts and administrative tribunals must take into...

Prejudice is not a reason for a precautionary warrant to be revoked

Malcolm Mifsud

The Court will not revoke a garnishee order on the ground that the subject of...

The Court will not revoke a garnishee order on the ground...

Tax valuation takes into consideration whether airspace can be developed

Malcolm Mifsud

For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed

For the purposes of tax valuation, the Tax Commissioner is...

Court costs may be apportioned amongst the parties

Malcolm Mifsud

The Court may apportion the court costs of a case to both parties and not...

The Court may apportion the court costs of a case to both...

Country to The Hague Convention is a stumbling block for children to travel

Malcolm Mifsud

If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child Abduction, the other parent may...

If a child travels with one of the parents to a country not...

Re-discussing an agreement does not terminate that agreement

Malcolm Mifsud

If one party to agreement wants to re-discuss any terms, the agreement is still...

If one party to agreement wants to re-discuss any terms,...

Endorsed bills of exchange have to be paid irrespective of underlying obligations

Malcolm Mifsud

The law makes a difference between endorsed bills of exchange and those which are not endorsed

The law makes a difference between endorsed bills of...

Payment of deposit in civil appeals is essential

Malcolm Mifsud

The payment of a deposit before the first sitting of an appeal is essential as...

The payment of a deposit before the first sitting of an...

Authorities may limit licences to ensure safety

Malcolm Mifsud

Transport Malta was justified to limit the berthing of a water sports vessel to...

Transport Malta was justified to limit the berthing of a...

Not all decisions from the Medical Council may be appealed from

Malcolm Mifsud

Appeals from the Medical Council can take place only if it concerns the...

Appeals from the Medical Council can take place only if it...

Although Lands Authority took their time, they did it correctly

Malcolm Mifsud

The Lands Authority have a legal duty to decide on all aspects of public...

The Lands Authority have a legal duty to decide on all...

No legal definitions of negligent driving and dangerous driving

Malcolm Mifsud

Although there is no legal definition of what negligent driving and...

Although there is no legal definition of what negligent...

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Malcolm Mifsud

Debtor must prove set-off if it is being claimed

Malcolm Mifsud

If a debtor claims that the debt is paid through a set-off then it is the...

If a debtor claims that the debt is paid through a set-off...

Cruelty in marriage has its consequences

Malcolm Mifsud

Proven physical and psychological violence in marriage is a cause for separation and the court has the discretion to apply a number of sanctions

Proven physical and psychological violence in marriage is a...

Malcolm Mifsud

Proved physical and psychological violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions

Proved physical and psychological violence in marriage is a...

Non fulfilment of obligations may result in damages

Malcolm Mifsud

Damages may ensue as a consequence when someone fails to fulfil his or her...

Damages may ensue as a consequence when someone fails to...

On last day of work, one can apply to Industrial Tribunal

Malcolm Mifsud

The four-month period in which a former employee may file an Industrial...

The four-month period in which a former employee may file...

Authorities have an obligation to assist the public

Malcolm Mifsud

uthorities are bound at law to give all vital information to the public in...

uthorities are bound at law to give all vital information...