Civil LawProperty Law Legatee must request the release of the property from the heirs in solidum Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property. The First Hall…Malcolm MifsudMay 31, 2019
Criminal Law Property not forfeited in favour of government when not of criminal origin The court held that the fact that the couple were granted a banking facility in order to acquire the property meant that the spouses had…Malcolm MifsudMay 17, 2019
Administrative LawProcedural Law Authority issuing a tender must give all information to all tenderers The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient.Malcolm MifsudMay 10, 2019
Criminal Law Not refunding payment may constitute a crime A supplier who failed to refund an order which was cancelled on the hope that his claim would be set off, was in fact committing…Malcolm MifsudMay 4, 2019
Criminal Law Slanderous words written on social media no longer constitute a criminal offence Due to legal amendments that came into force in May 2018, words declared or published on social media with the aim of slandering a person…Malcolm MifsudApril 19, 2019
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
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
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