Company LawProcedural Law Who fails to present statement of defence on time, may do so only in exceptional circumstances If a defendant to a court case fails to present a statement of defence within twenty days, the court may allow it to be presented…Malcolm MifsudFebruary 27, 2022
Property Law Landlord cannot claim full di fermo period if property is rented to third party A landlord may not claim the rent for the full di fermo period if the same landlord had rented the property to a third party…Malcolm MifsudFebruary 7, 2022
Constitutional LawProperty Law Strasbourg Court: A Breach of Fundamental Rights Commences when the Disproportion in Rental Income Arose There have been countless court cases both in the constitutional courts of Malta as well as in the European Court of Human Rights in Strasbourg…Mifsud & Mifsud AdvocatesFebruary 4, 2022
Property Law Owners have a right to visit rented property The law provides the right for owners to visit the rent property after reaching an agreement with the tenants. This was held in judgement delivered…Malcolm MifsudJanuary 30, 2022
Employment LawProcedural Law Appeal from Industrial Tribunal must be filed within 12 days An appeal from an Industrial Tribunal decision must be filed within 12 days and the law does provide for any extensions. This was held in…Malcolm MifsudJanuary 23, 2022
Civil LawProperty Law Civil Courts bound to decide on the validity of lease agreements Recent amendments to the Civil Code confirm that the Civil Courts have jurisdiction to decide on whether a lease agreement is valid or not. This…Malcolm MifsudJanuary 16, 2022
Family Law Adultery has its consequences: woman made husband work lover’s field Article 48 of the Civil Code lists the consequences if a party to a separation action is found responsible for the break up. This was…Malcolm MifsudDecember 14, 2021
Family Law Termination of community of acquests during separation proceedings concern future dealings only The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses. This was held in a decree AB…Malcolm MifsudNovember 28, 2021
Family Law Warrants enforcing executive titles may be challenged in very limited cases Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has…Malcolm MifsudNovember 21, 2021
Civil LawProcedural Law Suspension of court case in order to wait for another court case is exceptional The Courts may be faced with a situation whether it would be best to wait for the outcome of another case. However, this is not…Malcolm MifsudNovember 7, 2021