MaltaToday.com.mt - Comment / Law Report

The Court must decide on all pleas raised

Malcolm Mifsud

The Court will decide on all claims and pleas the parties of a case have raised

Co-owners cannot block the use of other co-owners

Malcolm Mifsud

Co-owners must make use of the property in common as long as it is done in the best interest of the co-ownership

Court does not give weight to government rent subsidy in deciding rent increases

Malcolm Mifsud

The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent

The Court will not take into consideration whether a tenant...

Ordinary remedies must be used before asking for a judicial review

Malcolm Mifsud

Parties subject to an administrative decision must first avail themselves of...

Parties subject to an administrative decision must first...

If one wants to file an action for a retrial, the appropriate procedure must be used

Malcolm Mifsud

Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure

Not any action may be used for the purposes of a retrial,...

Police must not rest on a report but investigate before issuing charges

Malcolm Mifsud

The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a...

The police must not issue charges on the basis of a police...

Pretended rights charges borders on the civil law rights

Malcolm Mifsud

Although the charge of pretended rights is a crime, it is not far off from...

Although the charge of pretended rights is a crime, it is...

Constructive dismissal takes place when employee is forced to resign against his will

Malcolm Mifsud

When resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal

When resigns not because he wants to but because of the...

A direct relationship establishes a juridical relationship

Malcolm Mifsud

The involvement of a third party in a contract of works puts in doubt the...

The involvement of a third party in a contract of works...

There must be a clear understanding in a Prestanome arrangement

Malcolm Mifsud

A Prestanome is an indirect mandate, but the parties have to be aware of its...

A Prestanome is an indirect mandate, but the parties have...

Second wife of a few months is entitled to reserved portion after the death of the husband

Malcolm Mifsud

The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion

The law provides that the widow of a divorced husband is...

Reasonable time in criminal proceedings, is without delay

Malcolm Mifsud

There is a distinction between civil and criminal proceedings when analysing...

There is a distinction between civil and criminal...

A fair trial includes on whether a judgement can be enforced

Malcolm Mifsud

When examining whether there was a fair trial, a constitutional court will not...

When examining whether there was a fair trial, a...

Prescription period starts upon last entry of the account

Malcolm Mifsud

A commercial account between two companies starts not when the order was...

A commercial account between two companies starts not when...

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Malcolm Mifsud

Gianluca Cappitta

Malcolm Mifsud

Penalties imposed on who issues needless warrants is a question of public order

Malcolm Mifsud

The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not to allow the abuse of...

The Court has the discretion to impose a penalty on a party...