Employment Law Appeal from a decision of the Industrial Tribunal must be on a point of law An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be…Malcolm MifsudJanuary 10, 2020
Criminal Law When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe…Malcolm MifsudDecember 20, 2019
Family Law Legal considerations on marriage separations in the corporate world The falling out of any two spouses may be a messy affair. Questions of the heart more often than not, supersede legal considerations. Any matrimonial…Malcolm MifsudDecember 19, 2019
Civil LawProcedural Law Court refuses to decide on the merits of an executive garnishee order Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason',…Malcolm MifsudDecember 6, 2019
Arbitration LawCivil LawProcedural Law Court of Appeal will not re-examine facts following a voluntary arbitration Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one.Malcolm MifsudNovember 29, 2019
Property Law Eviction from a tenement will be granted by the Rent Regulation Board only if it is an exceptional and last resort Although it is the lessee’s responsibility to perform acts of maintenance in accordance with the law and the lease contract, this does not mean that…Malcolm MifsudNovember 22, 2019
Employment Law Court awards sum of wages owed to employee although employment contract was not in writing An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity.Malcolm MifsudNovember 15, 2019
Property Law Article 12 of Housing (DeControl) Ordinance in violation of human rights The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 21st June 1979, the…Malcolm MifsudNovember 8, 2019
Property Law Judicial review procedure cannot substitute the natural process of complaints The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposalMalcolm MifsudNovember 1, 2019
Commercial Law Bills of Exchange will not be enforced if they are a result of usury If the Court establishes that a bill of exchange has an element of usury, then it is empowered not to render it enforceable.Malcolm MifsudOctober 25, 2019