Civil LawCommercial Law When enforcing a foreign judgement the court must apply the law restrictively The court cannot go outside the parameters of the law when it is deciding whether to enforce a foreign judgement in Malta. This was held…Malcolm MifsudMay 24, 2025
Civil LawProperty Law Interest on deposit starts when promise of sale falls through he interest on the refund of a deposit paid on a promise of sale (POS) agreement for a property may commence only when the POS…Malcolm MifsudMay 10, 2025
Administrative LawCivil LawEmployment Law A court cannot stop an action which has already taken place A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place. This was decided in…Malcolm MifsudApril 29, 2025
Civil LawProcedural Law Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited…Malcolm MifsudApril 19, 2025
Administrative LawCompany Law Tax Commissioner is to follow the procedure in full A tax estimate was declared null and void because the Tax Commissioner failed to notify the company as prescribed by law. This was held in…Malcolm MifsudApril 11, 2025
Criminal Law Court may decide a case even if there is conflicting evidence On 25 March 2025, the Court of Criminal Appeal, led by Mr Justice Neville Camilleri, delivered a judgement in the case The Police vs IS.…Malcolm MifsudApril 4, 2025
Civil LawProperty Law When the wording of a contract is clear there is no need for any other interpretation The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of…Malcolm MifsudMarch 28, 2025
Civil LawProcedural Law When there is no defence, the plaintiff still has to prove the case When the defendant fails to file a statement of defence, this does not mean they are admitting to the claims of the plaintiff. This was…Malcolm MifsudMarch 22, 2025
Administrative LawConstitutional Law Court rules pensioner should receive an increase in pension The Court of Appeal in its deliberations held that the fact that the Appellant retired in 2015, before the Legal Notice became enforceable, is irrelevant.…Malcolm MifsudMarch 13, 2025
Property Law The defendant must be involved in the transaction For a Defendant to be the correct Defendant, it must be shown that prima facie he or she were involved in the transaction. This was…Malcolm MifsudMarch 3, 2025