Civil Law POAs: Mandators cannot escape liability if they cannot read Maltese or English A person who accepts another as their mandatory through a power of attorney agreement cannot escape liability by stating that they were not aware of…Malcolm MifsudSeptember 20, 2019
Criminal Law Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye…Malcolm MifsudSeptember 16, 2019
Criminal Law An obvious falsification of a document is not a crime The Court applied a legal principle where the use of a document which is obviously false, is not a crime, finding the two accused not…Malcolm MifsudAugust 30, 2019
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