Civil Law Email Phishing Incidents & Fraudulent Transactions – Court declares who is responsible A victim of a scam cannot use the scam as a defence against a claim to pay debts. This was held by the First Hall…Malcolm MifsudJune 16, 2024
Intellectual Property LawProperty Law Increase in rent should reflect the open market value of the property The Court should take into account the value of the property when calculating the increase in rent. This was held in a judgement delivered by…Malcolm MifsudJune 3, 2024
Administrative Law Qualifications must be equal to that listed in the law The law provides a list of subjects that have to be covered for a person to obtain a warrant in accountancy. This was held in…Malcolm MifsudMay 31, 2024
Criminal Law A threat must be realistic in order for it to be a crime A threat must be realistic and the person who is making the threat must have the means to carry out the threat. This was held…Malcolm MifsudMay 24, 2024
Civil LawMaritime LawProcedural Law Court will not enter into intricacies when dealing with a precautionary warrant The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of…Malcolm MifsudMay 12, 2024
Company LawMaritime Law Shareholder is distinct from the company An agreement entered into by the majority shareholder of a company may have no bearing on the company. This was held in the Court of…Malcolm MifsudMay 5, 2024
Civil LawProcedural Law Parties in lawsuits living abroad must be represented in the proceedings If there is no representative, this does not make the acts null. On the other hand, this does not mean that the case can continue…Malcolm MifsudApril 25, 2024
Criminal Law New Amendments to the Criminal Code Two new offences have been instituted in Malta. These were introduced by means of amending or adding to the Criminal Code in February and March…Malcolm MifsudApril 25, 2024
Administrative Law It is the judge who should evaluate the evidence produced A judge should evaluate all the evidence produced in the acts of the case. This was held by the Court of Appeal on 9 April…Malcolm MifsudApril 19, 2024
Anti-money Laundering LawFinancial Services Banks must explain to clients why they want certain documents Banks are expected to give reasons why they are asking for documents when they are carrying out a due diligence on a customer. This was…Malcolm MifsudApril 7, 2024