Property Law Residential leased property must be lived in If elderly tenants decide to move to a retirement home, then they will be effectively foregoing their lease. This was held in a judgement delivered…Malcolm MifsudApril 5, 2019
Intellectual Property LawProperty Law Court gives explanation between 10 and 30 years’ acquisitive prescription The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years…Malcolm MifsudMarch 29, 2019
Civil LawCommercial LawCompany Law Agreement deemed not fraudulent in view of solvency of debtor The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors.Malcolm MifsudMarch 22, 2019
Criminal Law Unconvincing evidence is not tantamount to fraud Mr Justice Chetcuti said that evidence produced by one party, which does not convince the Court, does not mean that that evidence is falseMalcolm MifsudMarch 15, 2019
Civil Law Judicial letters must be addressed to corporate structures with judicial personalities Judicial letters may be addressed to corporate structures, however, these must have a judicial personalityMalcolm MifsudMarch 8, 2019
Intellectual Property LawProperty Law Tenant to pay for fire damage caused by TV The Rent Regulation Board has ordered a tenant to pay for the repairs of a house following a fire after it was shown that he…Malcolm MifsudMarch 1, 2019
Employment Law Summary dismissal of employees is the exception not the rule A recent Appeals Court case determined that an employer may only dismiss an employee on the spot in limited cases.Malcolm MifsudFebruary 22, 2019
Civil Law Court does not accept clauses that hide an elevated interest rate on loan The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted.Malcolm MifsudFebruary 15, 2019
Administrative Law If you are appointed by a minister, you are Government The Court indicated that although the Superintendence of Cultural Heritage has a separate judicial personality, it still has the characteristics of a government agency and…Malcolm MifsudFebruary 8, 2019
Criminal LawProcedural Law Appeals Court annuls judgement after Court fails to list articles of law In the case of Police vs Keith Pace, the Court of Criminal Appeal declared that a judgement is null and void since the First Court…Malcolm MifsudFebruary 1, 2019