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
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
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
Property Law Co-owners cannot block the use of other co-owners Co-owners must make use of the property in common as long as it is done in the best interest of the co-ownership. This was held…Malcolm MifsudMarch 22, 2024
Civil LawProcedural Law The elements of a retrial must be cumulative When arguing for a retrial, the elements of a retrial must all exist. This was held by the Court of Appeal in Paul and Carmen…Malcolm MifsudMarch 3, 2024
Civil LawProcedural Law Distinction must be made between the merits of an executive title and the formality of an executive warrant The Court endorsed the argument that a party attacking an executive warrant with which such party is burdened had to make a distinction between the…Malcolm MifsudFebruary 15, 2024
Criminal Law The date of a judgement is essential for its validity An incorrect or an unclear date of a criminal judgement will annul the judgement itself. This was held in the Police vs Eyob Melake Ecobagaber,…Malcolm MifsudFebruary 1, 2024
Criminal Law The loss of remission is not a punishment but a means of keeping discipline in prison The introduction of the Remission Board meant the prison authorities could reduce the days of remission and therefore, the longer prisoners are kept. This was…Malcolm MifsudJanuary 5, 2024