Criminal Law Criminal liability can only be imposed if the formal and material conditions exist concurrently The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to…Malcolm MifsudSeptember 25, 2022
Civil LawProcedural Law Court will only investigate a request for a counter-warrant on a prima facie basis The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee…Malcolm MifsudAugust 14, 2022
Criminal Law A suspicion is not evidence Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused. This was held in a Court of Criminal…Malcolm MifsudAugust 7, 2022
Employment Law Work Life Balance Directive Transposed into Maltese Law The Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on Work-life balance for Parents and Carers, has been…Charlene Baldacchino GauciJuly 13, 2022
Criminal Law Court must be morally convinced charges admitted to actually exist The Court when faced with a guilty plea must be still convinced that the charge actually exists. This was held by the Court of Criminal…Malcolm MifsudJuly 10, 2022
Civil LawProperty Law Representation in a contract must be indicated If a party is representing another party in an agreement or a contract must be indicated to the Parties.Malcolm MifsudMay 8, 2022
Property Law Parties may not follow through on promise-of-sale if earnest (kapparra) is paid If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor…Malcolm MifsudApril 24, 2022
Administrative LawProcedural Law Tribunals are set up by special laws The jurisdiction of Tribunals are found in special law and if not found in the law, then the courts should adopt their general jurisdiction of…Malcolm MifsudApril 17, 2022
Civil LawConstitutional LawProperty Law When public interest comes into play The authorities may take measures in private property in order to safeguard public health and within the pubic interest. This was held in a judgement…Malcolm MifsudApril 3, 2022
Employment Law Terms and Conditions of Employment – ICLG to Employment and Labour Law 2022 Terms and Conditions of Employment - ICLG to Employment and Labour Law 2022Charlene Baldacchino GauciMarch 28, 2022