Family Law Abduction cases against parent based on UN Convention procedurally defective The Convention on the Rights of the Child only pertains to States, and not individualsMalcolm MifsudAugust 12, 2019
Administrative Law Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website The Tribunal held that in this case, it was clear that the applicant was genuine, and even emailed the Minister explaining the issue at hand,…Malcolm MifsudAugust 2, 2019
Civil LawProcedural Law A right not falling precisely within original claim may be decided upon by Courts The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the…Malcolm MifsudJuly 26, 2019
Administrative LawCriminal Law Court takes into consideration feast traditions The Magistrates Court took into consideration the long-standing tradition that takes place in feasts and the public safety in considering criminal charges.Malcolm MifsudJuly 20, 2019
Civil Law Disability caused by medical procedures places onus of proof on professional While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that…Malcolm MifsudJuly 13, 2019
Employment Law Union cannot decide instead of member A union cannot finalise an agreement with an employer without the explicit consent of the memberMalcolm MifsudJuly 6, 2019
Administrative LawProperty Law Tenant’s surviving relative ordered to vacate rented property The Tribunal said that evidence showed that the plaintiff’s deceased brother had a legal title and not the plaintiff, therefore it moved to turn down…Malcolm MifsudJune 29, 2019
Civil Law Pensioners can be awarded damages for permanent disability Notwithstanding that a person is 83 years old, she is still entitled to damages for permanent disability caused and the court may carry out the…Malcolm MifsudJune 28, 2019
Civil LawProperty Law Co-owners may be given the keys of the common property The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may…Malcolm MifsudJune 14, 2019
Civil Law Agricultural lease is terminated due to illegal construction The defendants filed a statement of defence and in it they claimed that the land was used according to how they agreed and with the…Malcolm MifsudJune 8, 2019