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Time-bar period for water leakages commences when the damages are obvious

Time-bar period for water leakages commences when the damages are obvious
Malcolm Mifsud
Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place
Defendant cannot raise new pleas in appeal stage

Defendant cannot raise new pleas in appeal stage
Malcolm Mifsud
New pleas cannot be raised in an appeal of any of the parties.
When public interest comes into play

When public interest comes into play

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

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

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

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...

Actions concerning legacies are to be dealt with by the Superior Courts irrespective of the value

Actions concerning legacies are to be dealt with by the Superior Courts irrespective of the value

Malcolm Mifsud

When the Superior Courts are faced with an action concerning a testimony legacy, then that Court has jurisdiction to hear and decide the case, irrespective of...

When the Superior Courts are faced with an action...

Who fails to present statement of defence on time, may do so only in exceptional circumstances

Who fails to present statement of defence on time, may do so only in exceptional circumstances

Malcolm Mifsud

If a defendant to a court case fails to present a statement of defence within twenty days, the court may allow it to be presented only in exceptional...

If a defendant to a court case fails to present a statement...

Maltese courts have jurisdiction irrespective of jurisdiction clause

Maltese courts have jurisdiction irrespective of jurisdiction clause

Malcolm Mifsud

Civil Procedure allows Maltese courts to take cognisance of legal issue even...

Civil Procedure allows Maltese courts to take cognisance of...

Landlord cannot claim full di fermo period if property is rented to third party

Landlord cannot claim full di fermo period if property is rented to third party

Malcolm Mifsud

A landlord may not claim the rent for the full di fermo period if the same landlord had rented the property to a third party after the tenant vacated the...

A landlord may not claim the rent for the full di fermo...

Owners have a right to visit rented property

Owners have a right to visit rented property

Malcolm Mifsud

The law provides the right for owners to visit the rent property after reaching...

The law provides the right for owners to visit the rent...

Appeal from Industrial Tribunal must be filed within 12 days

Appeal from Industrial Tribunal must be filed within 12 days

Malcolm Mifsud

An appeal from an Industrial Tribunal decision must be filed within 12 days and...

An appeal from an Industrial Tribunal decision must be...

Civil Courts bound to decide on the validity of lease agreements

Civil Courts bound to decide on the validity of lease agreements

Malcolm Mifsud

Recent amendments to the Civil Code confirm that the Civil Courts have...

Recent amendments to the Civil Code confirm that the Civil...

Novation only takes place when obligation is extinguished to make room for a new obligation

Novation only takes place when obligation is extinguished to make room for a new obligation

Malcolm Mifsud

A verbal agreement following a public deed is not novation if the terms and conditions were merely modified

A verbal agreement following a public deed is not novation...

Special circumstances may help to change punishments

Special circumstances may help to change punishments

Malcolm Mifsud

When the accused admits to charges, the Court of Criminal Appeal may change the...

When the accused admits to charges, the Court of Criminal...

Contractors remain responsible even though the works have been accepted

Contractors remain responsible even though the works have been accepted

Malcolm Mifsud

When a contractor finishes the works he or she was engaged to carry out, he/she will be still responsible even if the works have been accepted and paid

When a contractor finishes the works he or she was engaged...

Adultery has its consequences: woman made husband work lover’s field

Adultery has its consequences: woman made husband work lover’s field

Malcolm Mifsud

Wife brought another man into their matrimonial home and the husband was made to live in the boxroom, then in a field and then in a garage

Wife brought another man into their matrimonial home and...

Fund administrators and trustees cannot depend on advice given by other professionals

Fund administrators and trustees cannot depend on advice given by other professionals

Malcolm Mifsud

Fund administrators and trustees of pensions funds must carry administer the investments in a diligent manner and not depend solely of what third party...

Fund administrators and trustees of pensions funds must...

Termination of community of acquests during separation proceedings concern future dealings only

Termination of community of acquests during separation proceedings concern future dealings only

Malcolm Mifsud

The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses

The community of acquests may be terminated during...

Warrants enforcing executive titles may be challenged in very limited cases

Warrants enforcing executive titles may be challenged in very limited cases

Malcolm Mifsud

Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has been issued

Once the merits of a case have been decided, the court...

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