Property Law Non fulfilment of obligations may result in damages Damages may ensue as a consequence when someone fails to fulfil his or her obligations.This was held in Darren Abela -v- Carmelo Muscat et on…Malcolm MifsudJuly 10, 2020
Employment Law On last day of work, one can apply to Industrial Tribunal The four-month period in which a former employee may file an Industrial Tribunal action against the former employer starts on the last day of work.Malcolm MifsudJuly 3, 2020
Administrative LawProcedural Law Authorities have an obligation to assist the public Authorities are bound at law to give all vital information to the public in order for the public to conform with regulations. This was held…Malcolm MifsudJune 26, 2020
Civil LawCommercial Law Civil Court has competence to hear issues dealing with commercial rural leases The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in…Malcolm MifsudJune 19, 2020
Criminal Law Suspended sentence cannot be awarded in certain circumstances The Court of Criminal Appeal switched the punishment of a person who was first awarded a suspended sentence, since this was not permitted at law.…Malcolm MifsudJune 13, 2020
Criminal Law The three principles of criminal punishment explained When awarding a punishment in criminal cases, the courts have to keep in mind that there are three principles. This was held on 20 May…Malcolm MifsudJune 8, 2020
Criminal Law Court accepts and explains defence of provocation The Court of Criminal Appeal overturned a conviction of a mother, since the CCTV footage of an incident with her sons, are not compatible with…Malcolm MifsudMay 29, 2020
Company Law Court has wide powers to appoint company administrator The Companies Act allows the Court to have a wide discretion to appoint administers of companies in liquidation. This was held in a judgement delivered…Malcolm MifsudMay 22, 2020
Family Law Adoption does not block a declaration of who is the natural father A father was declared the natural father of a minor child, irrespective of the fact that the mother’s husband had adopted the same child. This…Malcolm MifsudMay 15, 2020
Property Law No need to ask for premises to be vacated, immediately after Court auction When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it…Malcolm MifsudMay 8, 2020