Civil LawCriminal Law Court cannot fill in with evidence a party failed to produce If a party fails to produce evidence on what it alleges, the court cannot uphold that request. This was held in a Court of Appeal…Malcolm MifsudJuly 3, 2025
Civil LawEU Law When enforcing an EU member state judgement, the Maltese court should apply the law restrictively A judgement which was delivered in Cyprus is enforceable because the issue of public order must be interpreted restrictively. This was held in Ioaonnis Anastrassiades…Malcolm MifsudJune 21, 2025
Family Law Carer ordered to find a full-time job within three months The Appeals Court has ordered that a wife, who suffers from mental health issues, to find a full-time job within three months of the judgement.…Malcolm MifsudJune 21, 2025
Civil LawProcedural LawProperty Law Time-bar period for water leakages commences when the damages are obvious Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place. This was held in…Malcolm MifsudJune 14, 2025
Civil LawProcedural Law Defendant cannot raise new pleas in appeal stage New pleas cannot be raised in an appeal of any of the parties. This was held in Saviour Camilleri vs Noel Borg, a judgement delivered…Malcolm MifsudJune 7, 2025
Employment LawLabour Law Increase in punishment in relation to employment offences On 6 June 2025, Parliament passed Act XIV of 2025 wherein the punishments for crimes listed in the Employment and Industrial Relations Act have been…Malcolm MifsudJune 7, 2025
Property Law Additional pipes and windows cannot be placed if not referred to in the contract The servitudes mentioned in the contract are not to be added on if not agreed to, according to a judgement delivered by Judge Anna Felice…Malcolm MifsudMay 30, 2025
Civil LawCommercial Law When enforcing a foreign judgement the court must apply the law restrictively The court cannot go outside the parameters of the law when it is deciding whether to enforce a foreign judgement in Malta. This was held…Malcolm MifsudMay 24, 2025
Civil LawProperty Law Interest on deposit starts when promise of sale falls through he interest on the refund of a deposit paid on a promise of sale (POS) agreement for a property may commence only when the POS…Malcolm MifsudMay 10, 2025
Administrative LawCivil LawEmployment Law A court cannot stop an action which has already taken place A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place. This was decided in…Malcolm MifsudApril 29, 2025