Wages have to be paid irrespective of employment registration with authorities
The Appeals Court confirms the guilty verdict against two directors of Schembri Infrastructure Ltd for failing to pay their employee, Boiken Cela, €17,051 in wages,...
Not every breach of traffic regulations amounts to contributory negligence
Malcolm Mifsud
​The court found a driver was fully liable for a fatal accident because she failed to maintain a proper lookout and proper control of her vehicle, rejecting the argument of...
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
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

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

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
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
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...

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban
Malcolm Mifsud

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban given by the Principal Immigration Officer

Lack of evidence pushes the Immigration Appeals Board to...

Representation must be proven
Malcolm Mifsud

Those who claim to represent a party in a lawsuit have to prove their representation

Those who claim to represent a party in a lawsuit have to...

A consignee is considered to be a legitimate respondent in intellectual property proceedings
Malcolm Mifsud

A consignee is considered to be a legitimate respondent in intellectual property proceedings

A consignee is considered to be a legitimate respondent in...

Strict interpretation of the law when challenging a judge
Malcolm Mifsud

The court must interpret the law on the recusal of a judge strictly

The court must interpret the law on the recusal of a judge...

Strict interpretation of the law when challenging a judge
Malcolm Mifsud

The court must interpret the law on the recusal of a judge strictly

The court must interpret the law on the recusal of a judge...

Court may accept declarations made by deceased witness
Malcolm Mifsud

The Court may accept, in the interest of justice, an affidavit prepared by...

The Court may accept, in the interest of justice, an...

Judge pins court delays on government, abusive defendants and their lawyers
Malcolm Mifsud

The length of time taken to conclude a court case is unreasonable and violates the right to a proper and reasonable hearing as provided by Article 39 of the...

The length of time taken to conclude a court case is...

The parties must prove the claims against each other
Malcolm Mifsud

The Parties who file claims and pleas must prove to the Court their respective...

The Parties who file claims and pleas must prove to the...

The parties must prove the claims against each other
Malcolm Mifsud

The Parties who file claims and pleas must prove to the Court their respective...

The Parties who file claims and pleas must prove to the...

A new lease agreement is deemed to be renunciation of the old lease agreement
Malcolm Mifsud

When a landlord does not accept the termination of a lease agreement but rents the same property to a third party, this would, in fact, mean that he would be...

When a landlord does not accept the termination of a lease...

Once a company is inactive for a period of time, its liquidation would be justified
Malcolm Mifsud

If the reason for a company does not exist anymore, then the company should be liquidated

If the reason for a company does not exist anymore, then...

Attorney General must quote correct articles of law for Court to consider crimes
Malcolm Mifsud

The Attorney General must indicate under which articles of law the accused is accused, and the Court must consider the Article mentioned in the Attorney...

The Attorney General must indicate under which articles of...