Generated by All in One SEO Pro v4.9.0, this is an llms.txt file, used by LLMs to index the site. # Mifsud & Mifsud Advocates Mifsud & Mifsud Advocates ## Sitemaps - [XML Sitemap](https://www.mifsudadvocates.com.mt/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Enforcement of an executive warrant should be limited to the executive title](https://www.mifsudadvocates.com.mt/enforcement-of-an-executive-warrant-should-be-limited-to-the-executive-title/) - In the case Mary Rose Enriquez vs Martin Schembri, the Court of Appeal reaffirmed the fundamental principle that an executive warrant cannot travel beyond the boundaries of the executive title on which it is founded. The judgement was handed down on 1 September 2026 by Chief Justice Mark Chetcuti and judges Christian Falzon Scerri and Josette Demicoli. - [Company Policies and Procedures at the Workplace](https://www.mifsudadvocates.com.mt/company-policies-and-procedures-at-the-workplace/) - The Maltese legal system does not provide for one comprehensive set of rules regulating internal company policies and procedures. Rather, the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta), together with the subsidiary legislation enacted thereunder and other applicable laws, establishes a framework of minimum employment rights and obligations which employers - [Constructive Dismissal – The Concept of Dismissal by Resignation](https://www.mifsudadvocates.com.mt/constructive-dismissal-the-concept-of-dismissal-by-resignation/) - Maltese employment law, particularly Chapter 452 of the Laws of Malta explains the different ways in which an employment relationship can be terminated. Such termination generally takes place either in virtue of the resignation of the employee or by the employer, either due to redundancy or for a good and sufficient reason at law. This - [Chambers and Partners: Global Practice Guide Employment 2026 - Trends and Developments](https://www.mifsudadvocates.com.mt/chambers-and-partners-global-practice-guide-employment-2026-trends-and-developments/) - Introduction Over the past year, Maltese employment law has gone through a number of substantive legislative changes. Through these changes, one can clearly notice a trend in more emphasis being placed on family friendly measures, pay transparency and equity, workplace well-being and protective measures against workplace harassment and misconduct. The rapid introduction of such changes - [Man acquitted after court finds he was charged with the wrong offence](https://www.mifsudadvocates.com.mt/man-acquitted-after-court-finds-he-was-charged-with-the-wrong-offence/) - The Magistrates Court, sitting as a Court of Criminal Judicature and presided over by Magistrate Donatella Frendo Dimech, acquitted a man accused of making a false statement after reporting that he had found his vehicle damaged. The court found that while the evidence did point towards a crime having been committed, it was not the crime with which he had been charged. - [How does one apply for a new trademark in Malta?](https://www.mifsudadvocates.com.mt/how-to-apply-for-a-new-trademark-in-malta/) - Trademark registration in Malta is regulated by the Trademarks Act (Chapter 597) of the Laws of Malta, which transposes the relevant EU Directives. - [Pay the fine, don’t do the time](https://www.mifsudadvocates.com.mt/pay-the-fine-dont-do-the-time/) - The title of this piece may sound like a play on words but the Court of Magistrates (Gozo) has shed light on the consequences of a tax amendment introduced last year. In the judgement delivered by Magistrate Jean Paul Grech on 24 August 2026 in the case of the Republic of Malta vs Maria Angela Bonnici and Joseph Bonnici. - [What happens after you apply for a new trademark in Malta ?](https://www.mifsudadvocates.com.mt/what-happens-after-you-apply-for-a-new-trademark-in-malta/) - Post-filing: Examination and registration: The process for registration will take around 8 months from application date. This process entails the checking of correctness of the application form; The creating of a file and the inputting and scanning in the National Trademark Database; Also, the Industrial Property Registrations Directorate (IPRD) examines every application on two levels: - [Lands Authority wins right to reclaim Riviera Martinique Land](https://www.mifsudadvocates.com.mt/lands-authority-wins-right-to-reclaim-riviera-martinique-land/) - Appeals Court confirms that the Lands Authority is entitled to recover a tract of land originally granted for the extension of the Riviera Martinique Hotel. For decades, the Riviera Martinique Hotel in Għajn Tuffieħa has stood closed and deteriorating. Now, a condition buried in the contract under which neighbouring government land was granted more than 60 years ago, has enabled the state to take that land back. This was held in a judgment delivered by the Court of Appeal on 5 August 2026 in Land Commissioner vs NMF Limited. - [Redefining cannabis, redefining crime](https://www.mifsudadvocates.com.mt/redefining-cannabis-redefining-crime/) - On 18 December 2021, Malta historically rewrote its cannabis laws. Act LXVI of 2021 introduced a regulated framework for the personal use of cannabis, permitting limited possession and home cultivation whilst also creating the legal foundations for non-profit cannabis associations. However, in the midst of all this a technical amendment went unnoticed. The legal definition of cannabis under the Dangerous Drugs Ordinance was changed, eventually proving to be decisive in an entirely different type of case. - [Malta’s New Individual Tax Programme: What Changes From 2027?](https://www.mifsudadvocates.com.mt/maltas-new-individual-tax-programme-what-changes-from-2027/) - Malta is set to overhaul the framework governing a number of its special tax residence programmes from 1 January 2027, bringing four existing regimes under a single set of rules while retaining the familiar 15% tax treatment on qualifying foreign income remitted to Malta. - [It is all about balance: Public interest vs individual interest](https://www.mifsudadvocates.com.mt/it-is-all-about-balance-public-interest-vs-individual-interest/) - In a judgement delivered on 23 July 2026, the Constitutional Court awarded compensation for a human rights breach but declined to order the eviction in a case concerning an agricultural lease. The case in the names of Johanna Zammit et vs the State Advocate and Mario Fava, was presided over by Chief Justice Mark Chetcuti and judges Anthony Ellul and Robert G. Mangion. - [Delegation Does Not Eliminate Personal Responsibility](https://www.mifsudadvocates.com.mt/delegation-does-not-eliminate-personal-responsibility/) - In a judgement in the names Bonello vs Debono, delivered by the Court of Appeal, the Court gave a practical reminder on the limits of delegating one’s tax affairs to a professional. - [When professional financial advice goes wrong](https://www.mifsudadvocates.com.mt/when-professional-financial-advice-goes-wrong/) - Financial advisers play an important role in helping individuals make informed financial decisions. While no adviser can guarantee that an investment will generate a positive return, the law nevertheless imposes clear obligations to ensure that any investment recommended is suitable for the particular client. These obligations recently came under scrutiny before the Court of Appeal in Malcolm Mason vs Aventis Financial Planning Limited, where the court upheld a decision of the Arbiter for Financial Services after finding that part of a retail investor’s pension had been invested in a financial product that was unsuitable for his agreed investment profile. - [The Introduction of a Simplified  Dissolution Procedure under the Maltese Companies Act](https://www.mifsudadvocates.com.mt/the-introduction-of-a-simplified-dissolution-procedure-under-the-maltese-companies-act/) - On the 16th of December 2025, Legal Notice 286 of 2025 was published, giving effect to Article 32 of the Companies (Amendment) Act (Act XVIII of 2025). This introduced a new provision into the Companies Act (Chapter 386 of the Laws of Malta), namely Article 214A, which establishes a simplified voluntary dissolution procedure for eligible companies. - [New Maltese Guidelines on the Method of Calculating Competition Law Penalties](https://www.mifsudadvocates.com.mt/new-maltese-guidelines-on-the-method-of-calculating-competition-law-penalties/) - On the 6th of February 2026, the Office for Competition within the Malta Competition and Consumer Affairs Authority (MCCAA) issued Guidelines on the Method of Calculating Penalties. These Guidelines are intended to enhance legal certainty, predictability, and transparency by clarifying how the Office interprets and applies the Competition Act (Chapter 379 of the Laws of Malta) and Articles 101 and 102 of the Treaty on the Functioning of the European Union. - [Court enters into the merits of corporate insolvency](https://www.mifsudadvocates.com.mt/court-enters-into-the-merits-of-corporate-insolvency/) - When a company fails to honour a multi-million-euro debt judgement, Maltese insolvency law provides creditors with a powerful remedy—the winding-up of the debtor company itself. This was held in a judgement delivered on 16 March 2026, by Judge Ian Spiteri Bailey. - [The FIAU’s Settlement and Enforcement Process](https://www.mifsudadvocates.com.mt/the-fiaus-settlement-and-enforcement-process/) - On 1st April 2026, Legal Notices 82/2026 and 83/2026 were published in the Government Gazette, introducing significant amendments to the Prevention of Money Laundering and Funding of Terrorism Regulations (PMLFTR) and the Centralised Bank Account Register (CBAR) Regulations. - [Online gambling: Advocate General Emiliou criticises Malta’s ‘Bill 55’ in light of the Brussels I bis Regulation](https://www.mifsudadvocates.com.mt/online-gambling-advocate-general-emiliou-criticises-maltas-bill-55-in-light-of-the-brussels-i-bis-regulation/) - On 23 April 2026, the Advocate General of the Court of Justice of the European Union, Nicholas Emiliou, delivered his Opinion in Case C-683/24, Spielerschutz Sigma, concerning the compatibility with EU law of ‘Bill 55’, a reform introduced by Malta in 2023 into its legislation on online gambling. - [Fraus omnia corrumpit in modern commerce](https://www.mifsudadvocates.com.mt/fraus-omnia-corrumpit-in-modern-commerce/) - Modern commerce depends on a simple but powerful legal principle—a company is treated as a person distinct from those who own it. It can enter contracts, own property, incur debts and be sued in its own name. For more than a century, following the landmark decision in Salomon vs A Salomon & Co Ltd, separate juridical personality has been regarded as one of the cornerstones of modern company law. - [Companies Act (Register of Beneficial Owners) (Amendment) Regulations, 2026](https://www.mifsudadvocates.com.mt/companies-act-register-of-beneficial-owners-amendment-regulations-2026/) - The Malta Business Registry (MBR) has announced that the Companies Act (Register of Beneficial Owners) (Amendment) Regulations, 2026, came into force on 10th July through Legal Notice 184 of 2026. The amendments form part of Malta's implementation of the Sixth Anti-Money Laundering Directive, specifically concerning measures to be implemented by Member States to prevent the use of the financial system for money laundering or terrorist financing purposes. - [No need for a precise price but need of a fair price in co-ownership action](https://www.mifsudadvocates.com.mt/no-need-for-a-precise-price-but-need-of-a-fair-price-in-co-ownership-action/) - The law allows co-owners of a property to arrive at a fair price when the majority would like to sell, while the minority is resisting the sale. This was held in a judgement delivered by the First Hall of the Civil Court, presided by Judge Audrey Demicoli in Klara Xerri et vs Emanuel Farrugia et. The judgement was delivered on 3 July 2026. - [When does a foreign judgement become a Maltese one?](https://www.mifsudadvocates.com.mt/when-does-a-foreign-judgement-become-a-maltese-one/) - Winning a case abroad does not necessarily mean winning in Malta. Before a foreign judgement can be enforced locally, it must first satisfy the requirements laid down by Maltese law. The purpose of this legal framework is twofold: To facilitate the recognition and enforcement of foreign judgements; while safeguarding the fundamental procedural guarantees recognised by Maltese law. It was this balance that was recently examined in the case Malcolm Mifsud nomine vs Winthrop Woodrow Asset Management SCC Limited in the First Hall Civil Court presided over by Judge Rachel Montebello, was recently called upon to examine in proceedings concerning the recognition and enforcement of a judgement delivered by the Commercial Cassation Circuit of the United Arab Emirates. - [When procedure silences substance](https://www.mifsudadvocates.com.mt/when-procedure-silences-substance/) - At first glance the case of Stephen Tonna vs the State Advocate et (First Hall Civil Court (Constitutional jurisdiction) decided on the 11 June 2026 by Judge Henri Mizzi appeared destined to become a hallmark judgement concerning the treatment of vulnerable persons accused of a crime within Malta’s justice system. - [Appeals Court orders retrial after ruling that contracts were donations to both spouses](https://www.mifsudadvocates.com.mt/appeals-court-orders-retrial-after-ruling-that-contracts-were-donations-to-both-spouses/) - The Appeals Court upheld a request for a retrial because the court had previously applied the wrong article of law on collation. This was held in a Court of Appeal judgement presided over by judges Christian Falzon Scerri, Josette Demicoli and Simone Grech in Jack Attard et vs John Farrugia et. The judgement was delivered on 8 June 2026. - [Suspensive conditions, burden of proof and restitution](https://www.mifsudadvocates.com.mt/suspensive-conditions-burden-of-proof-and-restitution/) - A claimant who asserts that conditions of a sale were satisfied must produce the best available evidence to support the claim. Failure to do so could prevent a court from ordering the completion of a sale and instead order restitution of any amounts paid. This was held in the judgement delivered by the Civil Court (First Hall) presided by Judge Francesco Depasquale, in the case Luke Chetcuti vs Michael James Pearce, Samuel James Reynolds and Black Swan Solution Limited. - [Pay Transparency Directive Transposed into Maltese Law - Equal Pay (Transparency and Reporting) Regulations 2026](https://www.mifsudadvocates.com.mt/pay-transparency-directive-transposed-into-maltese-law-equal-pay-transparency-and-reporting-regulations-2026/) - Equal Pay (Transparency and Reporting) Regulations 2026 When do the Regulations come into force? The Equal Pay (Transparency and Reporting) Regulations 2026 were published on the 5th June 2026. The Regulations implement Directive (EU) 2023/970 and aim to strengthen the application of the principle of equal pay for equal work or work of equal value - [Liquidation of damages in case of breach of contract](https://www.mifsudadvocates.com.mt/liquidation-of-damages-in-case-of-breach-of-contract/) - The Appeal Court in its judgement pronounced on 30 April 2026, in the case Aspider Solutions Malta Limited vs Redtouch Fone Limited, partially upheld the appeal filed by Aspider. The court ordered the liquidation of damages awarded by the Court of First Instance to be increased considerably from €6,659 to €158,257.04. - [Immigration Authorities Under Fire: Court Questions Procedure, Transparency and Fairness](https://www.mifsudadvocates.com.mt/immigration-authorities-under-fire-court-questions-procedure-transparency-and-fairness/) - In a significant judgement delivered by the Court of Appeal in the names Yaneth Aldana vs Identita’, the Court overturned both a refusal issued by Identità and a subsequent decision of the Immigration Appeals Board concerning a third-country national who had entered Malta legally and applied for a single work permit. - [When Evidence Falls Short: Court Acquits on Majority of Traffic Charges](https://www.mifsudadvocates.com.mt/when-evidence-falls-short-court-acquits-on-majority-of-traffic-charges/) - In a judgement delivered on 23 March 2026, the Court of Magistrates (Malta), presided over by Magistrate Antoine Agius Bonnici, examined a series of traffic-related charges brought against Ganiu Williams arising from an incident in Luqa. - [Dr Malcolm Mifsud Elected Vice President of World Link for Law](https://www.mifsudadvocates.com.mt/dr-malcolm-mifsud-elected-vice-president-of-world-link-for-law/) - Dr Malcolm Mifsud, Co-Founding Partner at Mifsud & Mifsud Advocates, has been elected Vice President of World Link for Law on 9 May 2026 at Montreal, Canada. World Link for Law (www.worldlink-law.com) is an international network for mid-size laws. It members stretch to all corners of the world. It is especially strong in Europe and the Americas. It is now making inroads in Asia. - [Expanded Protection Against Workplace Violence and Harassment in Malta](https://www.mifsudadvocates.com.mt/expanded-protection-against-workplace-violence-and-harassment-in-malta/) - Through Act No. XI of 2026, published on 2nd of April 2026, amendments were introduced to Chapter 452 of the Laws of Malta, the Employment and Industrial Relations Act, with the aim of enshrining the right of employees, employers, and prospective employees to a work environment free from violence and harassment, as proposed through Bill 166. - [The New Conditions of Work Regulation Orders](https://www.mifsudadvocates.com.mt/the-new-conditions-of-work-regulation-orders/) - The new Conditions of Work Regulation Orders have been introduced in virtue of Legal Notices 112 to 143 of 2026, published on the 30th of April 2026. These new regulation orders, which shall enter into force two months from the date of publication in the Government Gazette will repeal and replace the existing Wage Regulation Orders and will establish clearer and more comprehensive standards regulating employment conditions within each sector. - [A valid technical report must be submitted before the Lands Arbitration Board](https://www.mifsudadvocates.com.mt/a-valid-technical-report-must-be-submitted-before-the-lands-arbitration-board/) - The Lands Arbitration Board must have a valid valuation before it comes to its decision on compensation for land expropriated by the government. This was held by the Court of Appeal in its judgement delivered on 28 April 2026 in Angcar Company Limited vs Lands Authority. The court was presided by Chief Justice Mark Chetcuti - [Substantial changes to the structure of a rented property will result in eviction](https://www.mifsudadvocates.com.mt/substantial-changes-to-the-structure-of-a-rented-property-will-result-in-eviction/) - The courts would allow minor works to a rented property but substantial changes will result in termination and eviction. This was held in a judgement delivered on 22 April 2026 by the Appeals Court presided by Judge Lawrence Mintoff. The case is of Josephine Anne sive Josanne Camilleri et noe vs Saviour Ellul et. - [Wages have to be paid irrespective of employment registration with authorities](https://www.mifsudadvocates.com.mt/wages-have-to-be-paid-irrespective-of-employment-registration-with-authorities/) - On 27 March 2026, the Appeals Court confirmed the guilty verdict against two directors of Schembri Infrastructure Ltd for failing to pay their employee, Boiken Cela, €17,051 in wages, statutory entitlements and allowances. - [Parental Leave for Parents of Children Born Abroad](https://www.mifsudadvocates.com.mt/parental-leave-for-parents-of-children-born-abroad/) - The Work-Life Balance for Parents and Carers (Amendment) Regulations, introduced on the 21st April 2026 in virtue of Legal Notice 102 of 2026 , will come into force within two months of its publication. The amendments introduce a special leave entitlement for employees who are recognised as parents of a child born outside Malta, when the - [Workers' Day in Malta: A Year of Meaningful Progress and the Road Ahead](https://www.mifsudadvocates.com.mt/workers-day-in-malta-a-year-of-meaningful-progress-and-the-road-ahead/) - As we once again pause to honour the contributions of workers across every sector on Workers' Day, it is both fitting and necessary to reflect on the significant strides Malta has made over the past year in strengthening the rights and protections afforded to its workforce. The past year has brought with it a series - [Court upholds rights of injured and unregistered worker](https://www.mifsudadvocates.com.mt/court-upholds-rights-of-injured-and-unregistered-worker/) - On 23 July 2025, Magistrate Donatella Frendo Dimech delivered a powerful judgement in the case, Police vs Francesco sive Frank Schembri and Edward Schembri. This case served as a striking reminder of the responsibilities that employers have towards their employees, especially in relation to lawful employment, registration, and safety at work. - [An employment relationship can end before work begins](https://www.mifsudadvocates.com.mt/an-employment-relationship-can-end-before-work-begins/) - The Industrial Tribunal explained that if an employment relationship is terminated prior to the commencement of work duties, then such termination cannot be considered to be unfair dismissal. This was decided by the Industrial Tribunal on 24 November 2025 in in the case of Jacki McCarthy vs Atlas Language Institute. - [Miscarriage Leave - Social Policy Conference](https://www.mifsudadvocates.com.mt/social-policy-conference/) - On Saturday 18th April, 2026, Av Charlene Baldacchino Gauci participated in a panel about the Implementation of Miscarriage Leave in Malta, alongside Dr Helga Consiglio and Ms Mariella Meachen, during a conference organised by the Junior Chamber of Advocates. During the session, she explored how miscarriage leave applies in practice, highlighting employers’ obligations to safeguard - [MACM Annual Credit Conference](https://www.mifsudadvocates.com.mt/macm-annual-credit-conference/) - On Thursday, 16th April, 2026, Dr Ian Barbara attended the MACM Annual Credit Conference, which also marked the 25th Anniversary of the Malta Association of Credit Management (MACM), where he participated as a keynote speaker. Dr Barbara delivered an overview of the evolving EU legal framework on electronic invoicing and its implications for Maltese businesses, - [Not every breach of traffic regulations amounts to contributory negligence](https://www.mifsudadvocates.com.mt/not-every-breach-of-traffic-regulations-amounts-to-contributory-negligence/) - The court found a driver was fully liable for a fatal accident because she failed to maintain a proper lookout and proper control of her vehicle, rejecting the argument of contributory negligence by the victim. - [Family and Commercial Court Amendments](https://www.mifsudadvocates.com.mt/family-and-commercial-court-amendments/) - The enactment of Act IV of 2026 and Act VII of 2026 constitutes a significant legislative development in Malta’s judicial framework, introducing two specialised courts: the Commercial Court and the Family Court. Both Acts amend the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta) and related legislation, with the aim of restructuring jurisdiction in a manner that promotes specialisation and efficiency. - [Big Office is watching you: The refusal of the “GEORGE ORWELL” trademark](https://www.mifsudadvocates.com.mt/big-office-is-watching-you-the-refusal-of-the-george-orwell-trademark/) - The European Union Intellectual Property Office (EUIPO) has released a landmark decision from the Grand Board of Appeal (19 December 2025), regarding the refusal to register the word mark “GEORGE ORWELL”. This decision serves as a crucial reminder for businesses and creators: certain names are so culturally significant that they must remain free for public use. - [When do Medical Practitioners Have a Duty to Report incriminating information disclosed by patients?](https://www.mifsudadvocates.com.mt/when-do-medical-practitioners-have-a-duty-to-report-incriminating-information-disclosed-by-patients/) - Recent convictions of women accused of procuring abortions have sparked debate over the extent of medical practitioners’ obligations to report information shared by patients. - [Rent increase should be calculated on property’s actual value not its speculative value](https://www.mifsudadvocates.com.mt/rent-increase-should-be-calculated-on-propertys-actual-value-not-its-speculative-value/) - In a judgement delivered on 25 March 2026, Magistrate Joseph Gatt reaffirmed the principle that a revision of rent must be based on the property’s current market valuation and not its development potential. The court also affirmed that any revision in previously controlled rents should be close to the statutory maximum of 2% unless exceptional circumstances are proven. - [Guarantor must show that they are bound to pay](https://www.mifsudadvocates.com.mt/guarantor-must-show-that-they-are-bound-to-pay/) - A guarantor to a bank loan must have at least paid back part of the sum due instead of the main debtor before taking legal action against the debtor. This was held in a judgement in the case George Catania and Maria Catania personally and as representatives of Tarcam Company Limited vs Martin Cachia and Liberty Fishing Co. Limited. The judgement was delivered by the First Hall of the Civil Court on 12 February 2026, presided by Judge Rachel Montebello. - [Violence in obtaining consent must cause actual fear](https://www.mifsudadvocates.com.mt/violence-in-obtaining-consent-must-cause-actual-fear/) - Not every threat will annul a contract. This was held in a judgement delivered by Judge Miriam Hayman on 6 March 2026 in the Best Deals International Limited (the plaintiff) vs Charlton Chetcuti et. (the defendant). - [Pay Transparency Rights - New Rules Published](https://www.mifsudadvocates.com.mt/pay-transparency-rights-new-rules-published/) - In anticipation of the transposition of the EU Pay Transparency Directive, on the 27th June 2025 new rules were introduced in virtue of Legal Notice 112/2025. As from the 27th August 2025, applicants for employment shall have the right to receive from the prospective employer the following information: initial pay, or its range, which is - [Miscarriage and Parental Bereavement Leave: New Employee Rights in Malta](https://www.mifsudadvocates.com.mt/miscarriage-and-parental-bereavement-leave-new-employee-rights-in-malta/) - As from the 1st of January 2026, the Maltese legal framework has introduced new statutory entitlements for employees who experience miscarriage and child loss. - [Eliminating Violence and Harassment from the Work Environment](https://www.mifsudadvocates.com.mt/eliminating-violence-and-harassment-from-the-work-environment/) - Bill 166 aimed at enshrining the right of employees, employers and prospective employees to a work environment free from violence and harassment, was tabled in Parliament on the 26th February 2026. The Bill introduces significant changes to the current legislative framework governing conduct in a work environment, broadening the scope of protection and introducing clearer obligations for - [Court protects spouse due to serious domestic violence](https://www.mifsudadvocates.com.mt/court-protects-spouse-due-to-serious-domestic-violence/) - A judgement delivered on 23 February 2026 by the Civil Court (Family Section) in a case presided by Judge Jacqueline Padovani Grima, confirmed that domestic violence is a ground for separation under civil law. - [MALTA PERMANENT RESIDENCE PROGRAMME](https://www.mifsudadvocates.com.mt/malta-permanent-residence-programme/) - Client Information Summary Based on Legal Notice 121 of 2021, as amended by Legal Notices 57 and 310 of 2024 and 146 of 2025 1. Overview The Malta Permanent Residence Programme (MPRP) was established by Legal Notice 121 of 2021 under Article 7A of the Immigration Act (Cap. 217), and has been amended by - [Person who paid for loan to refurbish partner’s residence must be refunded](https://www.mifsudadvocates.com.mt/person-who-paid-for-loan-to-refurbish-partners-residence-must-be-refunded/) - If a person in a relationship proves that they paid for works in their partner’s property, they should be refunded. This was held in a judgement delivered by Magistrate Victor Axiak in CC vs JB on 9 February 2026. - [A New Tax Framework for Highly Skilled Professionals in Malta](https://www.mifsudadvocates.com.mt/a-new-tax-framework-for-highly-skilled-professionals-in-malta/) - Through Legal Notice 20 of 2026, Malta introduced the Tax Treatment of Highly Skilled Individual Rules (the “2026 Rules”), which came into force on the 1st of January 2026. These rules establish a dedicated tax framework for qualified professionals employed in Malta, subject to prescribed conditions and limited to specified sectors, including financial services and gaming, aviation and maritime, as well as STEM and healthcare, among others. - [When a ‘return and resell’ deal triggers payment](https://www.mifsudadvocates.com.mt/when-a-return-and-resell-deal-triggers-payment/) - The Court of Appeal presided by Mr Justice Lawrence Mintoff dismissed the appeal filed by Conrad Galea, trading as Chanlai Auto Dealer, against Neil Andrew Vella. The judgement delivered on 4 February 2026, confirmed a €9,000 payment obligation arising from a post‑sale ‘return and resell’ arrangement. - [The presumption is that parties to a contract acted in good faith](https://www.mifsudadvocates.com.mt/the-presumption-is-that-parties-to-a-contract-acted-in-good-faith/) - The parties to a contract enter into it in good faith and are bound by what is written. This was held in Michael Micallef vs Daryl u Ritianne Borg on 23 January 2026. The court was presided over by Judge Miriam Hayman. - [Whether accused received fair trial or not depends on whole criminal process](https://www.mifsudadvocates.com.mt/whether-accused-received-fair-trial-or-not-depends-on-whole-criminal-process/) - The concept of overall fairness is applicable in Malta to see whether there was a breach of the right to a fair hearing. This was held by the Constitutional Court in Mario Buhagiar vs State Advocate, decided on 5 January 2026. The Constitutional Court was presided over by Chief Justice Mark Chetcuti and judges Giannino Caruana Demajo and Anthony Ellul. - [Right to develop airspace vs rights of owners of underlying tenements](https://www.mifsudadvocates.com.mt/right-to-develop-airspace-vs-rights-of-owners-of-underlying-tenements/) - A recent Court of Appeal judgement clarifies the limits of an airspace owner’s right to build where underlying apartment owners enjoy rights over the roof. Disputes concerning the airspace of apartment blocks have become a common occurrence. In cases where the airspace is owned by a single owner who has reserved the right to develop it, aside from the public law hurdles associated with obtaining a valid development permit, there often exist additional private law considerations affecting the owners of the underlying apartments. This tension was illustrated in the case of John Bartolo et v. Joseph Attard et, decided by the Court of Appeal on 17 June 2025. - [The Electronic Monitoring Act (Chapter 651)](https://www.mifsudadvocates.com.mt/the-electronic-monitoring-act-chapter-651/) - The Electronic Monitoring Act (Chapter 651 of the Laws of Malta) introduces a comprehensive legal framework regulating the use of electronic tagging as a mechanism for monitoring individuals subject to criminal justice measures. The Act represents a significant development in Malta’s sentencing, parole, and enforcement architecture, balancing public safety considerations with rehabilitative and proportionality principles. - [Age as a mitigating factor in criminal proceedings](https://www.mifsudadvocates.com.mt/age-as-a-mitigating-factor-in-criminal-proceedings/) - In delivering sentence, the court acknowledged the gravity of the offences and the harm caused to the victim. However, it also considered the mitigating factors presented, including the accused’s clean criminal record, his early guilty plea, and, most significantly, his age at the time of the offence. The Magistrates’ Court, presided over by Magistrate Giannella Camilleri Busuttil, delivered judgment on 9 December 2025 in a criminal case involving a violent assault and significant property damage committed in December 2024. - [Foreign law is to be considered as a point of fact](https://www.mifsudadvocates.com.mt/foreign-law-is-to-be-considered-as-a-point-of-fact/) - When there is evidence related to foreign law in a court case, this should be dealt with as a fact and not as a point of law. This was held in Godwin Azzopardi vs Mary sive May Cauchi et, decided by the First Hall of the Civil Court on 28 November 2025. The court was presided over by Judge Audrey Demicoli. - [Ministry’s interpretation of the law makes it impossible to comply with](https://www.mifsudadvocates.com.mt/ministrys-interpretation-of-the-law-makes-it-impossible-to-comply-with/) - Those who apply for an exemption for vehicle registration tax would need to show they lived 24 months outside Malta from the date of the issuance of the residency document. This was held in a judgement delivered by the Administrative Review Tribunal on 9 October 2025. The case was Guido Gijbels vs Finance Ministry et. - [The choice of law may be deduced from the terms of the contract](https://www.mifsudadvocates.com.mt/the-choice-of-law-may-be-deduced-from-the-terms-of-the-contract/) - The choice of law in a contract may be determined either if it is expressly mentioned or else from what one can gather from the terms and conditions which one applies. This was decided on 14 October 2025 by the Court of Appeal presided by Chief Justice Mark Chetcuti and judges Robert Mangion and Grazio Mercieca. The case was Malta Fishing Trading Limited vs Dr Fransina Abela noe. - [Errors in charge sheet lead to acquittal in criminal case](https://www.mifsudadvocates.com.mt/errors-in-charge-sheet-lead-to-acquittal-in-criminal-case/) - On the 29 September 2025, in the case Police vs Ojo Osuyuwame, presided over by Magistrate Yana Micallef Stafrace, the court reaffirmed a fundamental principle of criminal law: An accused person cannot be found guilty of an offence that is not substantiated by the evidence which is presented in court. - [Court issues interim measure halting deportation of Albanian national](https://www.mifsudadvocates.com.mt/court-issues-interim-measure-halting-deportation-of-albanian-national/) - The case of Artan Coku vs The State Advocate and the Chief Principal Immigration Officer, has been granted an interim measure in favour of the complainant, prohibiting his deportation from Malta pending the outcome of a constitutional case he filed. - [Appeals Court rules in favour of damages awarded by the Civil Court arbitrio boni viri](https://www.mifsudadvocates.com.mt/appeals-court-rules-in-favour-of-damages-awarded-by-the-civil-court-arbitrio-boni-viri-2/) - The 2018 amendments have added further uncertainty to Maltese tort law, and that there is a need for legislative action to guide the law towards a more humane and victim-centred approach. In a judgement delivered on 11 November 2025, the Court of Appeal, in its superior jurisdiction, upheld the damages awarded by the First Hall of the Civil Court, including €10,000 granted arbitrio boni viri, which means according to equity, together with other heads of damages. - [A decree during mediation remains valid despite no action instituted within stipulated time](https://www.mifsudadvocates.com.mt/a-decree-during-mediation-remains-valid-despite-no-action-instituted-within-stipulated-time/) - A maintenance order is still valid, although separation proceedings were not instituted within two months from the end of mediation. This was held in AB vs CD, by the First Hall of the Civil Court presided by Judge Joanne Vella Cuschieri. This partial judgement was delivered on 27 November 2025. - [Donation does not exonerate social security recipient from explaining how money was used](https://www.mifsudadvocates.com.mt/donation-does-not-exonerate-social-security-recipient-from-explaining-how-money-was-used/) - The Social Security Department must be certain that a cash donation was not used by an applicant to be eligible for medical assistance that is means tested. This was held in a judgement delivered by the Court of Appeal on 26 November 2025 presided by Mr Justice Lawrence Mintoff. The case was Rita Psaila vs Director General (Social Security). - [Pay-off clause enforced due to Company's failure to renew employment contract](https://www.mifsudadvocates.com.mt/payoff-clause-enforced/) - A former aviation manager has won over €32,000 after a Maltese court ruled his employer broke a promise to renew his contract, despite claiming he’d walk away. This was confirmed in the judgement lawyer Charlene Baldacchino Gauci in the representation of Adrien Malgonne vs HOSI Malta Limited, decided on 31 July 2025 by Judge Henri Mizzi. - [Boat driver not at fault in diving accident](https://www.mifsudadvocates.com.mt/boat-driver-diving-accident/) - The First Hall of the Civil Court held that the plaintiff in a damages lawsuit must prove that the defendant is legally responsible for the accident that occurred. This was held in Louis and Maryanne Bonavia v John Bonello, Nicola Gambino and Atlas Insurance PCC Ltd, decided on 8 November, 2016 by Mr Justice Silvio Meli. - [Stay of proceedings is an extraordinary measure](https://www.mifsudadvocates.com.mt/stay-of-proceedings-is-an-extraordinary-measure/) - When a court stays the proceedings of a case, this must be done for very good reasons, because a case should start and end. This was decided on 19 October, 2016 in Carmelo Stivala Group Limited -v- Maria Carmela sive Marlene Borg et. - [Employers bound to ensure safety of the workplace](https://www.mifsudadvocates.com.mt/employers-bound-to-ensure-safety-of-the-workplace/) - Employers are bound to ensure safety on the workplace, the Court of Appeal said in its recent judgement of 28 April, 2017 in the names Joseph Seychell et v. the Commander of the Armed Forces of Malta. The accident which gave rise to this case happened on 2 April, 2003. - [Documentary evidence must be produced](https://www.mifsudadvocates.com.mt/documentary-evidence-must-be-produced/) - It is not sufficient for a witness to simply testify on a document if it is not produced in court. This was held by the First Hall of the Civil Courts in Farsons Beverage Imports Company Limited -v- Marco Aquilina, Cocktails Limited and Carisma Limited, by Mr Justice Lawrence Mintoff on 22 May, 2017. - [Police statement dismissed as hearsay evidence unless corroborated in court](https://www.mifsudadvocates.com.mt/police-statement-dismissed-as-hearsay-evidence-unless-corroborated-in-court/) - A magistrate’s court held on 27th June, 2017 that a statement given to the police which was not corroborated by any other evidence in court was tantamount to hearsay evidence. This was held in a criminal court case Police vs Caruso Massimo and Pace Emmanuel presided by Magistrate Consuelo Scerri Herrera. - [Period of prescription may be interrupted even after it elapses](https://www.mifsudadvocates.com.mt/period-of-prescription-may-be-interrupted-even-after-it-elapses/) - The facts of the case of Joginder Singh Dhingsa v Anthony Grech et. revolved around a sum of money amounting to €34,250. This was held by the First Hall Civil Court as presided by Honourable Judge Anna Felice in its judgement of the 15th November 2017 in the names of Joginder Singh Dhingsa v Anthony Grech et. - [Pensioners can be awarded damages for permanent disability](https://www.mifsudadvocates.com.mt/pensioners-can-be-awarded-damages-for-permanent-disability/) - Notwithstanding that a person is 83 years old, she is still entitled to damages for permanent disability caused and the court may carry out the calculations. This was decided in Catherine Seager -v- Bank of Valletta plc on 17 June 2019 by Mr Justice Lawrence Mintoff. - [Legal considerations on marriage separations in the corporate world](https://www.mifsudadvocates.com.mt/legal-considerations-on-marriage-separations-in-the-corporate-world/) - The falling out of any two spouses may be a messy affair. Questions of the heart more often than not, supersede legal considerations. Any matrimonial dispute may take over every aspect of one’s life, such as the future of the children, financial instability and also where one is to live. An added consideration for those who are in business is whether a personal separation will affect the future of the business, the assets and liability of that business, and how partnerships are going to be effected by such a split. - [No prescription among co-debtors](https://www.mifsudadvocates.com.mt/no-prescription-among-co-debtors/) - When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debt - [Non fulfilment of obligations may result in damages](https://www.mifsudadvocates.com.mt/non-fulfilment-of-obligations-may-result-in-damages/) - Damages may ensue as a consequence when someone fails to fulfil his or her obligations.This was held in Darren Abela -v- Carmelo Muscat et on 1 July 2020 before the First Hall of the Civil Court presided by Madame Justice Anna Felice. In his application, Abela explained that the parties had entered into a promise of sale agreement on 24 July 2017 to purchase a property in Mgarr.This promise of sale agreement was extended a number of times, but last expired on 30 November 2018 and Muscat failed to appear for the contract.Muscat explained that he first needed his sister’s authorisation and a further payment of €30,000. The plaintiff did not agree. - [Sharing Shyli’s and Jordan’s OnlyFans vids? It’s copyright breach even if it’s porn](https://www.mifsudadvocates.com.mt/sharing-shylis-and-jordans-onlyfans-vids-its-copyright-breach-even-if-its-porn/) - A word of warning: an innocent share of the content can lead to some pretty heavy consequences. - [Constitutional proceedings can be initiated if there’s no effective and adequate remedy](https://www.mifsudadvocates.com.mt/constitutional-proceedings-can-be-initiated-if-theres-no-effective-and-adequate-remedy/) - This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction. In 1999 Adelina Aquilina initiated annulment procedures against Issa. Aquilina never alleged that the marriage was simulated so that Issa would be allowed to live in Malta. - [Ordinary remedies must be used before asking for a judicial review](https://www.mifsudadvocates.com.mt/ordinary-remedies-must-be-used-before-asking-for-a-judicial-review/) - Parties subject to an administrative decision must first avail themselves of the ordinary remedies at their disposal before filing for a judicial review before the Courts. This was held in a judgement delivered on 10 June 2021 in Joseph Gheiti u Sansone Cruises Limited -v- L-Awtorita' għat-Trasport f’Malta. The judgement was delivered by the First Hall of the Civil Courts presided by Mr Justice Joseph Micallef. - [There must be a clear understanding in a Prestanome arrangement](https://www.mifsudadvocates.com.mt/there-must-be-a-clear-understanding-in-a-prestanome-arrangement/) - A Prestanome is an indirect mandate, but the parties have to be aware of its existence to be valid. This was held by the Magistrates’ Court in Gozo, presided by Magistrate Dr Brigitte Sultana on 27 April 2021 in Peter Camilleri -v- Lee David Camilleri and Nicholas Camilleri. - [Employee Representation and Industrial Relations - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/employee-representation-and-industrial-relations-iclg-to-employment-and-labour-law-2021/) - Trade unions and employers’ associations are formed in order to protect the collective interest of their members, particularly in the event of collective bargaining. Although the EIRA regulates the status, registration and conduct of trade unions and employer’s association, it does not prescribe or regulate trade union recognition at the workplace. Following the enactment of the Recognition of Trade Unions Regulations, Subsidiary Legislation 452.112, a trade union may be recognised by an employer as the sole collective bargaining union at the place of work, following a verification process which must be carried out by the Director of Employment and Industrial Relations in accordance with the main rules established by these regulations. - [The importance of signatures in tender bids](https://www.mifsudadvocates.com.mt/the-importance-of-signatures-in-tender-bids/) - The signatures required in bids for tenders are important because a tender is a form of a contract and the signature when required makes those parts of the tender binding. This was held in a judgement delivered by the Court of Appeal presided over by the Chief Justice Mark Chetcuti, and judges Giannino Caruana Demajo and Anthony Ellul on 31 August 2021 in PR20 JV konsorzju magħmul minn Rockcut Limited and Pato SRL -v- Direttur Ġenerali tad-Dipartiment tal-Kuntratti, il-Korporazzjoni għas-Servizzi tal-ilma u Bianco Impianti Srl. - [Academic qualifications are essential to assure professional competencies](https://www.mifsudadvocates.com.mt/academic-qualifications-professional-competencies-required-warrant-essential/) - Professionals who apply for a warrant must show that they have obtained the required academic qualifications. This was held in a decision delivered by the Administrative Review Tribunal on 4 October 2021 in Louis Borg -v- Il-Bord tal-Professjoni tal-Inġinerija. The Tribunal was presided by Magistrate Dr Charmain Galea. - [Landlord cannot claim full di fermo period if property is rented to third party](https://www.mifsudadvocates.com.mt/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 after the tenant vacated the premises. This was held in Gismond Attard -v- Yog.Art Catering Limited a judgement delivered by the Rent Regulation Board presided by Magistrate Dr Josette Demicoli on 31 January 2022. - [Employee Representation and Industrial Relations - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/employee-representation-and-industrial-relations-iclg-to-employment-and-labour-law-2022/) - Trade unions and employers’ associations are formed in order to protect the collective interest of their members, particularly in the event of collective bargaining. Although the EIRA regulates the status, registration and conduct of trade unions and employer’s association, it does not prescribe or regulate trade union recognition at the workplace. Following the enactment of the Recognition of Trade Unions Regulations, Subsidiary Legislation 452.112, a trade union may be recognised by an employer as the sole collective bargaining union at the place of work, following a verification process which must be carried out by the Director of Employment and Industrial Relations in accordance with the main rules established by these regulations. - [Protecting Business Interests Following Termination - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/protecting-business-interests-following-termination-iclg-to-employment-and-labour-law-2022/) - Restrictive covenants such as non-compete and non-solicitation clauses are not regulated by Maltese law. The recognition of such clauses by Maltese courts is limited in nature and jurisprudence has held that such clauses may only be enforced if their applicability is proportional in nature. - [Parties may not follow through on promise-of-sale if earnest (kapparra) is paid](https://www.mifsudadvocates.com.mt/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 will have to pay double the earnest. This was held by Magistrate Victor Axiak presiding the Magistrates Court on 11 April 2022 in Basile Elmabhouh et -v- Rashid Mohamed Sabri et. - [Employee Representation and Industrial Relations - ICLG to Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/employee-representation-and-industrial-relations-iclg-to-employment-and-labour-law-2023/) - Trade unions and employers’ associations are formed in order to protect the collective interest of their members, particularly in the event of collective bargaining. Although the EIRA regulates the status, registration and conduct of trade unions and employers’ associations, it does not prescribe or regulate trade union recognition at the workplace. Following the enactment of the Recognition of Trade Unions Regulations, Subsidiary Legislation 452.112, a trade union may be recognised by an employer as the sole collective bargaining union at the place of work, following a verification process which must be carried out by the Director of Employment and Industrial Relations in accordance with the main rules established by these regulations. - [Court must be precise on whether it is finding the accused guilty or not](https://www.mifsudadvocates.com.mt/court-must-be-precise-on-whether-it-is-finding-the-accused-guilty-or-not/) - A judgement is null if it is not clear whether the court has found a person guilty or not of a crime. - [Court grants divorce after the wife remarries](https://www.mifsudadvocates.com.mt/court-grants-divorce-after-the-wife-remarries/) - The Court grants a divorce to the husband, when it is clear that the wife remarried. - [Party must appeal from identical judgement in another case](https://www.mifsudadvocates.com.mt/party-must-appeal-from-identical-judgement-in-another-case/) - A party to an appeal had an appeal rejected because she failed to appeal from another judgement which had identical claims to that case. - [An executive warrant of arrest of sea vessels may only be impugned for a valid reason at law](https://www.mifsudadvocates.com.mt/an-executive-warrant-of-arrest-of-sea-vessels-may-only-be-impugned-for-a-valid-reason-at-law/) - An Executive Warrant of Arrest of Sea Vessels which is issued may only be revoked following an application containing all desired submissions together with all documents sustaining such application, either totally or partially, for any reason valid at law. - [The Constitutional Court denies discharge as a provisional measure](https://www.mifsudadvocates.com.mt/the-constitutional-court-denies-discharge-as-a-provisional-measure/) - The Constitutional Court denies discharge as a provisional measure. This was outlined in the recent judgement of Paul Demicoli vs the Attorney General et, decided by the Constitutional Court on 8 August 2023. - [Legislative Changes to Maltese Employment Law](https://www.mifsudadvocates.com.mt/legislative-changes-to-maltese-employment-law/) - In the past year, several new legislative regulations and changes have been introduced in Maltese employment law, primarily aimed at improving the work-life balance of employees. These laws ensure transparent and predictable working conditions and better protection for digital platform delivery workers. In this article, we will explore these new regulations in more detail. - [Judge recognises defendant’s right to abandon business after plaintiff’s default](https://www.mifsudadvocates.com.mt/judge-recognises-defendants-right-to-abandon-business-after-plaintiffs-default/) - Once a plaintiff defaulted on his obligations contracted with a defendant, the same defendant had every right to abandon the business set up with the plaintiff. - [Court of Appeal wants a one stop shop for when people sue the government](https://www.mifsudadvocates.com.mt/court-of-appeal-wants-a-one-stop-shop-for-when-people-sue-the-government/) - The Court of Appeal wants the law changed in order for plaintiffs to sue directly the government or the State Advocate as its main legal counsel rather than sue different entities. - [Notification must be done to the correct address](https://www.mifsudadvocates.com.mt/notification-must-be-done-to-the-correct-address/) - The court marshal must carry out notification of court documents to the correct address of the person or company, he would like to notify. This was held in Gordon Farrugia and Mansueta Farrugia vs Uniquq Plants Limited, Abdel Karim known as Michael Costs, personally, and in representation of the companies Unique Construction Limited and Unique Plant Limited. The judgement was delivered on 14 November 2023 by the First Hall of the Civil Court presided by Judge Doreen Clarke. - [The Court may ask an interested party to join a court case](https://www.mifsudadvocates.com.mt/the-court-may-ask-an-interested-party-to-join-a-court-case/) - The Court has the power to order a third party to a lawsuit to join the action, if the third party has a direct interest in the case. This was held in Omega Foundation Limited vs Windmill Services Limited decided on 19 December 2023 by the First Hall of the Civil Court, presided over by Mr Justice Aaron Bugeja. - [Interest on deposit starts when promise of sale falls through](https://www.mifsudadvocates.com.mt/interest-on-deposit-starts-when-promise-of-sale-falls-through/) - he interest on the refund of a deposit paid on a promise of sale (POS) agreement for a property may commence only when the POS falls through. It is deemed that before that date the deposit was being held in accordance with the law. This was the substance of a decree delivered on 29 April 2025 in Kevin Camilleri et. vs Alex Mercieca. The court was presided by Mr Justice Aaron Bugeja. - [Navigating through Malta's new VAT guidelines on pleasure boat rentals](https://www.mifsudadvocates.com.mt/navigating-through-maltas-new-vat-guidelines-on-pleasure-boat-rentals/) - Following the Introduction of Legal Notice 231 of 2023, the Malta Tax and Customs Administration has published new VAT guidelines on pleasure boat rentals where the tax becomes chargeable in terms of the Fourth Schedule to the VAT Act on or after 01st January 2024. - [Health and Safety: Excessive Heat at the Workplace](https://www.mifsudadvocates.com.mt/health-and-safety-excessive-heat-at-the-workplace/) - As we witness a rise in temperatures in Malta during the summer season, we also start witnessing an increase in office disputes centered around the preferred temperature inside an open office setting. In the meantime, throughout the summer season, employees working outside are at an even higher risk related to excessive temperatures. This begs the - [Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered](https://www.mifsudadvocates.com.mt/court-upholds-claim-for-payments-of-sum-owed-by-applicant-in-a-case-of-contractual-obligations-for-services-rendered/) - Court upholds claim for payments of sum owed by applicant in a case of contractual obligations for services rendered, with analysis regard diverging views on the actual role undertaken. This was decided by the Court of Magistrates on the 26th of June 2023, where Dr. Malcolm Mifsud appeared on behalf of plaintiff Saviour Camilleri. The Court was presided by Magistrate Marse-Ann Farrugia. - [Landlords' battle over rent control ends in defeat](https://www.mifsudadvocates.com.mt/landlords-battle-over-rent-control-ends-in-defeat/) - udge Lawrence Mintoff, dismissed claims by property owners seeking to challenge the rent arrangements of their property, citing disproportionate interference with their property rights. In a significant ruling in the names Galdes et vs State Advocate et delivered on 3 July 2024, the Civil Court (First Hall) in its Constitutional Jurisdiction, presided over by Judge Lawrence Mintoff, dismissed claims by property owners seeking to challenge the rent arrangements of their property, citing disproportionate interference with their property rights. - [Court rejects request for Court Approved Sale of MV JAY 1 amid Set-Off payment controversy ](https://www.mifsudadvocates.com.mt/court-rejects-request-for-court-approved-sale-of-mv-jay-1-amid-set-off-payment-controversy/) - n a landmark judgement delivered by the First Hall Civil Court presided by Hon. Judge Henri Mizzi on Tuesday 03rd December 2024, the Court rejected a request by Kroll Trustee Services Limited to approve the private sale of M/V JAY 1 because the proposed sale, involving a set-off agreement, failed to meet legal standards for fairness and creditor protection. - [Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta](https://www.mifsudadvocates.com.mt/court-enforces-the-right-to-cross-examine-witnesses-who-prepare-affidavits-outside-malta/) - In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited (the Plaintiff), against two significant decrees issued by the First Hall Civil Court. - [Carer ordered to find a full-time job within three months](https://www.mifsudadvocates.com.mt/carer-ordered-to-find-a-full-time-job-within-three-months/) - The Appeals Court has ordered that a wife, who suffers from mental health issues, to find a full-time job within three months of the judgement. This was held by the Court of Appeal presided over by the Chief Justice Mark Chetcuti and Judges Robert Mangion and Grazio Mercieca, delivered on 17 June 2025 in a case involving an estranged couple. - [When enforcing an EU member state judgement, the Maltese court should apply the law restrictively](https://www.mifsudadvocates.com.mt/when-enforcing-an-eu-member-state-judgement-the-maltese-court-should-apply-the-law-restrictively/) - A judgement which was delivered in Cyprus is enforceable because the issue of public order must be interpreted restrictively. This was held in Ioaonnis Anastrassiades et vs Credinvest International Corporate Finance Limited on 6 June 2025 by Judge Audrey Demicoli who presided over the First Hall of the Civil Court. - [Lawyers weigh in on amendments in Malta’s citizenship law: Evolution or extinction?](https://www.mifsudadvocates.com.mt/lawyers-weigh-in-on-amendments-in-maltas-citizenship-law-evolution-or-extinction/) - The Maltese government’s decision to scrap its controversial citizenship-by-investment programme and replace it with a merit-based system has sparked varied reactions within the legal community. Lawyers contacted by MaltaCEOs.mt say whether it signals the end of the sector, or simply its evolution into a more selective form. - [Plaintiff must take an oath on the sworn application](https://www.mifsudadvocates.com.mt/plaintiff-must-take-an-oath-on-the-sworn-application/) - Procedural rules are strict and must be strictly observed, according to the judgement delivered by Judge Mark Simiana in the case MGD vs LD, decided on 11 July 2025. MGD, the plaintiff, and LD, the defendant, were married but separated via a court judgment on 31 October 2017. The marriage dissolution led to multiple court decisions on the division of assets, including a garage. The separation judgment specifically assigned the garage to LD subject to certain conditions. - [Amendments to the Maltese Citizenship Act - Citizenship by Merit](https://www.mifsudadvocates.com.mt/amendments-to-the-maltese-citizenship-act-citizenship-by-merit/) - Citizenship By Merit On the 24 July 2025, the Maltese Parliament pass through amendments to the Maltese Citizenship Act, Chapter 188 of the Laws of Malta, with the aim of establishing a renewed legal framework for the granting of citizenship based on exceptional merit within the naturalisation process. This initiative follows the landmark judgement delivered - [Cause and effect must be connected in damages cases](https://www.mifsudadvocates.com.mt/cause-and-effect-must-be-connected-in-damages-cases/) - When the court is determining whether a defendant is responsible for damages, it must establish a direct connection between cause and effect. This was held in Karl Busuttil et vs Matthew Schembri in the judgement delivered by Magistrate Victor Axiak on 7 July 2025. - [New Mothers at the Work Place](https://www.mifsudadvocates.com.mt/new-mothers-at-the-work-place/) - The Protection of Maternity (Employment) Regulations (S.L. 452. 91) establish essential provisions which are aimed at safeguarding rights of women during pregnancy, after childbirth, and while breastfeeding. These regulations, along with the Employment and Industrial Relations Act, offer a comprehensive framework designed to safeguard the new mothers at the workplace. They outline specific protections of the new mothers while also detailing the responsibilities of employers to ensure these rights are properly upheld. - [Court makes a distinction between wrongdoing and negligence](https://www.mifsudadvocates.com.mt/court-makes-a-distinction-between-wrongdoing-and-negligence/) - When a person’s actions do not amount to criminal negligence under Articles 226 or 328 of the Criminal Code, or the charges are not proved beyond reasonable doubt, the accused will be acquitted. This was reiterated in the case the Police vs Carmel Seisun, decided on 22 July 2025 by Magistrate Elaine Rizzo. - [One who makes use of legitimate action cannot cause damages](https://www.mifsudadvocates.com.mt/one-who-makes-use-of-legitimate-action-cannot-cause-damages/) - n a recent judgement, Abigail Bugeja noe (on behalf of the vessel Jay 2 and Goldfinch Shipping 2 Ltd) vs Egyptian Tanker Company (ETC) delivered on 31 July 2025, by Judge Henri Mizzi, the Civil Court clarified the limits of liability for precautionary vessel arrests, holding that damages may only be awarded under the strict confines of Article 836(8) of the Code of Organization and Civil Procedure. - [Misappropriation is a crime that affects trust](https://www.mifsudadvocates.com.mt/misappropriation-is-a-crime-that-affects-trust/) - In a judgement delivered by Magistrate Simone Grech in Police vs Terence (Terence-William) Zammit, the court made it clear that misappropriation is a crime that affects trust. Zammit was charged with misappropriation of over €5,000 after police received a complaint from Adrian and Ingrid Camilleri. In a police statement the accused agreed that he had to refund between €2,000 and €3,000 which was a deposit on marble, however, he claimed he did not know that he owed any other sum. The complainant according to the accused stopped him from continuing with the works and in fact changed the locks. - [Court permits deportation of long-term Ethiopian residents despite pending human rights claims](https://www.mifsudadvocates.com.mt/court-permits-deportation-of-long-term-ethiopian-residents-despite-pending-human-rights-claims/) - The deportation of three long-term Ethiopian residents raises questions about Malta’s commitment to fundamental rights. Andrew Drago explores how the courts’ refusal to grant interim relief may undermine access to justice. On 5 September, 2025, the First Hall of the Civil Court in its Constitutional Jurisdiction in Malta permitted the deportation of three Ethiopian migrants: Kendieneh Mhretie Mersie, resident in Malta for 18 years, Yosuf Ahmed Adam for 14 years, and Abdi Sufian Mahmud for 11 years. All had been lawfully employed in Malta and bore no criminal convictions. They were all failed asylum-seekers. - [Employers to pay wages to third country nationals exclusively by bank transfer](https://www.mifsudadvocates.com.mt/employers-to-pay-wages-to-third-country-nationals-exclusively-by-bank-transfer/) - As of today, 01st October 2025, employers must pay the wages due to third country nationals whose employment commences on or after 01st October 2025, exclusively by bank transfer. - [An error in a contract should be such it cannot be verified](https://www.mifsudadvocates.com.mt/an-error-in-a-contract-should-be-such-it-cannot-be-verified/) - A contract between parties is valid at law, if the fact mentioned in it may be verified by the parties. This was held in a judgement delivered on 23 September 2025 by the First Hall of the Civil Courts presided by Judge Audrey Demicoli. The case was Allison Management Limited vs Nrgy Concepts Limited. - [Not any damage may terminate a lease](https://www.mifsudadvocates.com.mt/not-any-damage-may-terminate-a-lease/) - For a lease agreement to be terminated because of damage done to the property, the damage, must be considerable. This was held in Margaret Falzon et vs Joseph Bugeja et decided by the Rent Regulation Board on 6 October 2025. The board was presided by Magistrate Joseph Gatt. - [Expected changes to Employment Laws on Bereavement Leave](https://www.mifsudadvocates.com.mt/expected-changes-to-employment-laws-on-bereavement-leave/) - The Junior Minister for Social Dialogue has announced that an amendment to employment legislation will come into force on the 1st of January 2026, introducing enhanced entitlements to bereavement leave for parents who suffer the loss of a child under the age of eighteen (18) years. - [Budget 2026](https://www.mifsudadvocates.com.mt/budget-2026/) - Main Highlights and Key Measures The 2026 Budget introduces a range of fiscal, social, and legal reforms designed to sustain economic growth and improve quality of life. From tax relief for families to reforms in employment, justice, and land management, this year’s measures have significant implications across multiple areas of law. Below is a summary - [Maltese Law which precluded legal assistance during police interrogation deemed a breach of human right to fair hearing](https://www.mifsudadvocates.com.mt/maltese-law-which-precluded-legal-assistance-during-police-interrogation-deemed-a-breach-of-human-right-to-fair-hearing/) - Brian Vella was arrested under suspicion of his involvement in crimes relating to drug trafficking. This was decided by the Civil Court First Hall in its Consitutional Jurisdiction in a judgement of the 14th February 2018 in the names of Brian Vella v. Avukat Ġenerali. On the 31st October 2004, Brian Vella was arrested under suspicion of his involvement in crimes relating to drug trafficking. - [Social Security for Seafarers in Malta](https://www.mifsudadvocates.com.mt/social-security-for-seafarers-in-malta/) - Malta has served as an international centre for maritime and shipping industries since time immemorial. The passage of time proved that it has only gotten stronger in this sector, offering numerous benefits to all those involved in the maritime industry. Such benefits are evident when it comes to the social security regulations applicable to seafarers in Malta. - [Shortfalls in appraisement of property do not result in the suspension of a judicial sale by auction](https://www.mifsudadvocates.com.mt/shortfalls-in-appraisement-of-property-do-not-result-in-the-suspension-of-a-judicial-sale-by-auction/) - The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the burdens, leases and other rights whether real or personal, if any, to which the property is subject, as well as the last transfer of such property. - [Employer has to verify resignation claim when alleged by third party](https://www.mifsudadvocates.com.mt/employer-has-to-verify-resignation-claim-when-alleged-by-third-party/) - In this case the Tribunal held that an employer’s failure to confirm whether an employee wished to resign, when the alleged intention has been disclosed to the employer by a third party, might give rise to a case of unfair dismissal - [Partial deprivation of right to property still breach of human rights](https://www.mifsudadvocates.com.mt/partial-deprivation-of-right-to-property-still-breach-of-human-rights/) - Partial deprivation of one’s interest in or right over his own property may still constitute a breach of the fundamental right of enjoyment of one’s own property. This was held by the Constitutional Court presided by Honourable Chief Justice Joseph Azzopardi, Judge Giannino Caruana Demajo and Judge Noel Cuschieri in the judgement George Tabone et v Attorney General decided on the 5th October 2018. - [Conditions of contracts are applicable on all parties](https://www.mifsudadvocates.com.mt/conditions-of-contracts-are-applicable-on-all-parties/) - Contractual law dictates that parties to a contract are bound by the conditions they agree to when signing. This is held in a Small Claims Tribunal decision between Sebastian Davies -v- Noyleen Zammit, decided on 31 October 2018 by Dr Claudio Zammit. - [COVID-19 and the Place of Work](https://www.mifsudadvocates.com.mt/covid-19-and-the-place-of-work/) - As COVID-19, most commonly known as the Coronavirus, spreads at a rapid rate around the world, and now also in Malta, employers and employees are left with a multitude of questions as to how to tackle this situation appropriately. Taking on a “business as usual” attitude can prove to be quite difficult, especially when there are no fixed guidelines in place which may be followed in such circumstances. - [COVID-19: Remote Working Notice](https://www.mifsudadvocates.com.mt/covid-19-remote-working-notice/) - In view of the developing situation concerning Covid-19, the team at Mifsud & Mifsud feels that it has to take responsible precautions in the interests of public health. For this purpose, the team will be carrying out its work remotely from home throughout the coming week - a work procedure for which we are fully set up for. - [COVID-19: Identity Malta Directive](https://www.mifsudadvocates.com.mt/covid-19-identity-malta-directive/) - Mifsud & Mifsud Advocates would like to inform its client of the following directive issued by the Identity Malta Agency following the outbreak of the Coronavirus Disease (COVID-19). - [COVID-19: Department of Industrial and Employment Relations on the Conditions of Work](https://www.mifsudadvocates.com.mt/covid-19-department-of-industrial-and-employment-relations-on-the-conditions-of-work/) - As time goes by, the economy continues to be largely impacted by the COVID-19 pandemic. As employers and employees seek to understand the way forward in this situation, the Department of Industrial and Employment Relations has issued the following Frequently Asked Questions to assist them in finding a solution in these uncertain times. - [Rethinking the Commercial Real Estate Industry beyond the COVID-19 outbreak](https://www.mifsudadvocates.com.mt/rethinking-the-commercial-real-estate-industry-beyond-the-covid-19-outbreak/) - The commercial real estate industry is exclusively used for business-related purposes or to provide a workspace to business owners. Although some businesses would seek to buy their own property most often, commercial real estate is leased to tenants to conduct their business activities. This category of real estate can be very broad and includes several economic industries, such as retailers, office spaces, hotels and resorts, shopping centres, restaurants as well as healthcare facilities. - [The Service of Documents and Taking of Evidence Post-Brexit](https://www.mifsudadvocates.com.mt/the-service-of-documents-and-taking-of-evidence-post-brexit/) - On the 9th December the Chamber of Advocates circulated a letter sent by the Office of the State Advocate informing fellow colleagues with the changes affecting the service of documents and taking of evidence once the United Kingdom effectively leaves the EU on the 31st December 2020. - [Terms and Conditions of Employment - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/terms-and-conditions-of-employment-iclg-to-employment-and-labour-law-2021/) - The Employment and Industrial Relations Act (hereinafter referred to as the ‘EIRA’), Chapter 452 of the Laws of Malta serves as the main source of Maltese employment law. The EIRA provides the basic legal framework, regulating the main conditions of employment in Malta. Specific areas of employment law are in turn regulated by various subsidiary legislations promulgated under the EIRA, as the latter transposed a number of different directives of the European Union. - [Protecting Business Interests Following Termination - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/protecting-business-interests-following-termination-iclg-to-employment-and-labour-law-2021/) - Restrictive covenants such as non-compete and non-solicitation clauses are not regulated by Maltese law. The recognition of such clauses by Maltese courts is limited in nature and jurisprudence has held that such clauses may only be enforced if their applicability is proportional in nature. - [Response to COVID-19 - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/response-to-covid-19-iclg-to-employment-and-labour-law-2021/) - In order to support employees and businesses during the COVID-19 emergency, the Government of Malta introduced the COVID Wage Supplement benefit. This benefit which shall be offered until the end of 2021, provides a basic wage cover to be paid by the employers to employees. However, as of 1 July 2021, those businesses whose financial position is the least affected by the COVID-19 pandemic will no longer be eligible for such benefit. - [Court Practice and Procedure - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/court-practice-and-procedure-iclg-to-employment-and-labour-law-2021/) - Employment-related complaints are lodged before the Industrial Tribunal. The latter has exclusive jurisdiction to hear cases instituted by employees in relation to unfair dismissal, trade disputes and other employment law disputes such as those related to discrimination, harassment and victimisation. When dealing with cases relating to conditions of employment, the Industrial Tribunal will be composed of a Chairperson. However, when tackling cases relating to industrial disputes, the Industrial Tribunal is composed of a Chairperson and two other members selected by the Chairperson of the Tribunal. - [Termination of Employment - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/termination-of-employment-iclg-to-employment-and-labour-law-2021/) - Employees are only given notice of termination of their employment in the case of indefinite contracts. Such notice period must be given in the case of redundancies or resignations, however, no notice period is applicable when the termination of employment is done for a good and sufficient cause. The notice period given is based on the duration of employment of the employee, however it may never exceed a total of 12 weeks. Longer notice periods may be agreed in the contract of employment when the employee holds a technical, executive, administrative or managerial role. - [Strasbourg Court: A Breach of Fundamental Rights Commences when the Disproportion in Rental Income Arose](https://www.mifsudadvocates.com.mt/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 in relation to Maltese legislation which enabled the conversion of a temporary emphyteusis contract converted by law to a permanent lease all without the consent of the rightful owner, for pre-1995 leases. In view of this situation a discrepancy arises between the income received in rent by a non-recognised tenant and the market value of the rental income of such property. Both Maltese constitutional courts and the Court in Strasbourg have deemed such a situation as a disproportionate burden for the landlords and by default a breach of Article 1 of Protocol No. 1 of the European Convention of Human Rights which is also part of Maltese law under the European Convention Act enacted in Malta in 1987. - [Work Life Balance Directive Transposed into Maltese Law](https://www.mifsudadvocates.com.mt/work-life-balance-directive-transposed/) - 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 transposed into Maltese law on the 12th July 2022 through Legal Notice 201 of 2022 titled the Work-Life Balance for Parents and Carers Regulations. - [Regulation (EU) 2020/1784 on the Service of Judicial and Extrajudicial documents in civil or commercial matters (recast)](https://www.mifsudadvocates.com.mt/regulation-eu-2020-1784-on-the-service-of-judicial-and-extrajudicial-documents-in-civil-or-commercial-matters-recast/) - Regulation (EU) 2020/1784 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (recast) entered into force on the 01st July 2022, across all EU Members States, with the exception of Denmark. This Regulation was adopted with the aim of improving the efficiency and expediting the transmission and service of judicial and extrajudicial documents, whilst safeguarding the privacy and personal data of the addressees. - [Malta Startup Residence Programme ELIGIBILITY AND REQUIREMENTS](https://www.mifsudadvocates.com.mt/malta-startup-residence-programme-eligibility-and-requirements/) - To be eligible for the Startup Residence Programme an individual must satisfy the following requirements - [Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act](https://www.mifsudadvocates.com.mt/violation-rights-property/) - The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights of the plaintiff as provided by Article 1 Protocol 1 of the European Convention of Human Rights, but the amendments introduced by virtue of Act XXIV of 2021 do not breach these rights - [Family disputes of Foreign Nationals living in Malta in particular in relation to Children](https://www.mifsudadvocates.com.mt/family-disputes-of-foreign-nationals-living-in-malta-in-particular-in-relation-to-children/) - Foreign couples who have created a family unit and who are faced with a situation where the relationship broke down frequently struggle with the difficult decision of who will have care and custody over their minor children. This challenge becomes even more complex when one of the parents plans to relocate to another country while the other parent wishes to remain in Malta. - [Reporting on Outgoing Transfers – Article 5r of Council Regulation 833/2014](https://www.mifsudadvocates.com.mt/reporting-on-outgoing-transfers-article-5r-of-council-regulation-833-2014-2/) - In the past few years, the European Union imposed several restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, seeking to diminish Russia’s economic strength and curtailing Russia’s ability to wage war. - [Litigants should make use of every remedy available to ensure justice](https://www.mifsudadvocates.com.mt/litigants-should-make-use-of-every-remedy-available-to-ensure-justice/) - In the recent case of Mark Micallef vs The State Advocate, the plaintiff contended that his fundamental human rights were transgressed due to an inordinate delay of 18 years. Justice delayed is justice denied. This axiom underscores the imperative of a timely judicial remedy, enshrined both in the Constitution and the European Convention on Human Rights, which mandate that individuals are entitled to a fair hearing within a reasonable timeframe. - [Plea of res judicata declined as merits not discussed in initial case](https://www.mifsudadvocates.com.mt/plea-of-res-judicata-declined-as-merits-not-discussed-in-initial-case/) - A plea of res judicata was rejected because the merits of the case were not examined in the first instance. Despite the Maltese Courts' commitment to upholding the principle of res judicata for legal certainty, the plea is dismissed if the doctrine's elements are not fulfilled. A recent case illustrating this is PJP vs Deputy Curators of DF et al., decided by Judge Jacqueline Padovani Grima of the Civil Court (Family Section) on 30 May 2024. - [ESG in the Maritime Industry](https://www.mifsudadvocates.com.mt/esg-in-the-maritime-industry/) - The maritime industry, a critical component of global trade and logistics, is increasingly embracing Environmental, Social, and Governance (ESG) principles. These principles are reshaping how companies operate, invest, and interact with stakeholders, aiming to adopt sustainability and ethical practices across the industry. - [Court strikes down severe cash penalty as unconstitutional](https://www.mifsudadvocates.com.mt/court-strikes-down-severe-cash-penalty-as-unconstitutional/) - In a landmark decision, the Constitutional Court on 24 June 2024 declared a regulation imposing a 55% penalty on travellers carrying over €10,000 in cash as unconstitutional. The ruling states that the legal provision “reduces the judicial process to a mechanical exercise.” This judgment was handed down in a breach of rights case initiated by Igaale Ali Muuse, who was apprehended at Malta International Airport three years ago with €165,548 in cash. - [Artificial Intelligence Contract Formation in Malta. The legal Framework and the Challenges](https://www.mifsudadvocates.com.mt/artificial-intelligence-contract-formation-in-malta-the-legal-framework-and-the-challenges/) - Electronic contracts and electronic signatures have become an integral part of modern commerce, facilitating faster and more efficient transactions. In Malta, the legal framework governing electronic contracts is primarily established by the Electronic Commerce Act (Chapter 426 of the Laws of Malta), which aligns with the European Union's eIDAS Regulation (Regulation (EU) No 910/2014). This article explores the legal intricacies, challenges, and implications of electronic contracts in Malta, particularly in the emerging environment of contracts formed by artificial intelligence (AI). - [Amendments to the Gender-Based Violence and Domestic Violence Act](https://www.mifsudadvocates.com.mt/amendments-to-the-gender-based-violence-and-domestic-violence-act/) - The Gender-Based Violence and Domestic Violence Act, officially known as Chapter 581 of the Laws of Malta, underwent significant revisions in 2024 through Acts XXII and XXIII. These amendments were designed to improve the legal framework that addresses domestic and gender-based violence by expanding its application and providing victims with more protection. - [One cannot take the law into his own hands, even when rights are allegedly violated](https://www.mifsudadvocates.com.mt/one-cannot-take-the-law-into-his-own-hands-even-when-rights-are-allegedly-violated/) - No person can take the law in his own hands, even if his own rights are allegedly being violated by the other party. This was held in Police vs Joseph Camilleri decided on the 21 June 2024 by the Magistrates’ Court as a Court of Criminal Judicature presided by Magistrate Monica Vella. - [EU AI Act](https://www.mifsudadvocates.com.mt/eu-ai-act/) - With the recent emergence of AI in everyday life, the EU has promulgated the EU AI Act to ensure that all European Union citizens can trust AI. It goes without saying that AI does have its risks and that is the main reason the EU has created this legal framework. The aim of the Act is to lay out clear requirements and regulation for AI developers and providers etc. - [Act XX of 2024: Amending the Law on Leases and Private Residential Leases](https://www.mifsudadvocates.com.mt/act-xx-of-2024-amending-the-law-on-leases-and-private-residential-leases/) - Act XX of 2024 introduces significant amendments to the laws governing leases and private residential leases. These changes aim to clarify specific provisions of the law, further protect tenants and ensure the better habitability standards of dwelling houses. - [Emissions Trading Scheme in Maritime](https://www.mifsudadvocates.com.mt/emissions-trading-scheme-in-maritime/) - Av Jodie Darmanin Attended EU ETS For Maritime Transport Workshop which was held on 07th August by the Malta Maritime Law Association in conjunction with the Malta Resources Authority. The Seminar outlined the main legislative framework covering the EU Emissions Trading System (ETS) and the implementation of ETS Maritime Practicalities. - [Understanding the Deed of Assignment](https://www.mifsudadvocates.com.mt/understanding-the-deed-of-assignment/) - ecent legal trends have seen an increase in the assignment of rights acquired under Promise of Sale Agreements. In a typical Deed of Assignment, the Assignor transfers and passes all the rights acquired under the Promise of Sale Agreement onto the Assignee who in turn agrees to acquired those rights and to adhere to all the obligations included in the original agreement’s condition. By so doing, the Assignor assumes the role of purchaser vis-à-vis the vendor. - [Posted Workers Directive: SN and Others v Staatssecretaris van Justitie en Veiligheid](https://www.mifsudadvocates.com.mt/posted-workers-directive-sn-and-others-v-staatssecretaris-van-justitie-en-veiligheid/) - Directive 96/71/EC, commonly known as the Posted Workers Directive, was enacted in 1996 and sets out rules for the posting of workers across the EU Member States, in line with the free movement of services. Through this framework, workers are usually temporarily sent to another EU Member State by their employer. The Directive establishes minimum working and employment conditions for the workers being posted in another country. - [Court orders eviction of tenant despite co-ownership of property](https://www.mifsudadvocates.com.mt/court-orders-eviction-of-tenant-despite-co-ownership-of-property/) - In a recent decision by the Rent Regulation Board, a tenant occupying a house in which he is a co-owner was ordered to vacate the property after it was determined that he did not meet the criteria set by the means test under Malta's rent laws. The case, brought forward by the claimant, sought to increase the rent and potentially evict the respondent in accordance with revised rent laws which governs protected leases. - [A judicial sale by auction will not be suspended unless there is a legitimate impediment](https://www.mifsudadvocates.com.mt/a-judicial-sale-by-auction-will-not-be-suspended-unless-there-is-a-legitimate-impediment/) - A judicial sale by auction will not be suspended unless there is a legitimate impediment warranting such suspension. This was held in Kroll Trustee Services Limited vs M/V JAY 2 decided on the 16t September 2024, presided over by Judge Doreen Clarke. - [Tribunal rules against buyer in car payment dispute, orders compensation](https://www.mifsudadvocates.com.mt/tribunal-rules-against-buyer-in-car-payment-dispute-orders-compensation/) - In a judgement in the names Astrid Parnis vs Neil Attard, a Tribunal ruled that a car buyer must settle outstanding payments and reimburse fines after failing to meet the terms of a car hire-purchase agreement. - [The Lassana Diarra case - ECJ issues red card to FIFA](https://www.mifsudadvocates.com.mt/the-lassana-diarra-case-ecj-issues-red-card-to-fifa/) - The European Court of Justice, on the 4th of October 2024 ruled that FIFA's transfer rules are incompatible with the guarantee of freedom of movement and EU competition law regarding financial compensation and imposing additional sporting sanctions on both clubs and players in cases of early contract termination without "just cause". - [Reforming Occupational Health and Safety: Key Changes under the new Health and Safety at Work Act](https://www.mifsudadvocates.com.mt/reforming-occupational-health-and-safety-key-changes-under-the-new-health-and-safety-at-work-act/) - On the 9th of August of 2024, the new Health and Safety at Work Act (therein after referred to as the ‘Act’) was published by Parliament, and has now subsequently repealed the Occupational Health and Safety Authority Act (Ch. 424 of the Laws of Malta) by means of L.N. 321 of 2024. - [Restorative justice in action](https://www.mifsudadvocates.com.mt/restorative-justice-in-action/) - Restorative justice focuses on repairing harm caused by criminal behaviour through reconciliation, accountability, and reintegration rather than solely punitive measures. This principle was notably applied in the judgement of Ir-Repubblika ta' Malta vs David Scicluna, where the Court of Magistrates (Malta), presided over by Magistrate Dr Rachel Montebello, balanced legal obligations with human considerations to provide the accused an opportunity for rehabilitation. - [A request for retrial cannot be made to contest the interpretation of First Court](https://www.mifsudadvocates.com.mt/a-request-for-retrial-cannot-be-made-to-contest-the-interpretation-of-first-court/) - A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court. This was held in Malcolm Cassar vs Edrichton Estates Limited decided on the 10 December 2024 by the Court of Appeal. The Court was presided over by Judge Robert Mangion, Judge Grazio Mercieca and Judge Christian Falzon Scerri. - [Court clarifies Legal Criteria for Salvage Services Claims under Maltese Maritime Law](https://www.mifsudadvocates.com.mt/court-clarifies-legal-criteria-for-salvage-services-claims-under-maltese-maritime-law/) - A recent court ruling underscored the essential requirements for claiming salvage rewards, highlighting the rights of service providers in maritime distress situations. On the 27th of March 2025, the First Hall of the Civil Court, presided over by Madame Justice Joanne Vella Cuschieri, delivered a judgement in the case of Sandy Yacht Marina Limited of Sea Breeze, G. Cali Street, Ta’ Xbiex, Malta vs. the vessel M/Y Leymor, registered in Malta with Official No. 17186. - [2025 Audit Exemption Rules - What you need to know](https://www.mifsudadvocates.com.mt/2025-audit-exemption-rules-what-you-need-to-know/) - The 2025 Audit Exemption Rules in Malta, introduced through Legal Notice 139 of 2025, provide new guidelines that simplify audit obligations for startups and small companies. These rules aim to simplify compliance obligations and reducing burdens, particularly for newly established companies that meet specific eligibility criteria. The new rules apply to those accounting periods commencing on or after the 1st of January 2024, with the exception of Rule 6, which comes into effect for accounting periods commencing on or after 1st January 2025. - [Seafarers’ Rights under the MLC and Maltese Flag State Law: A guide for Employers and Crew](https://www.mifsudadvocates.com.mt/seafarers-rights-under-the-mlc-and-maltese-flag-state-law-a-guide-for-employers-and-crew/) - The Maritime industry moves over 80% of the global trade and seafarers play a crucial role in keeping the world economy afloat. Despite this, seafarers often face complex employment conditions. Being employed in the maritime industry is unique because the employment extends over multiple jurisdictions, the seafarers spend long periods away from home and they work under pressure. Therefore, in order to protect the rights of seafarers one must have a clear understanding of both international standards and applicable national laws. - [Protecting Rights over Ships: Understanding Article 37 of the Merchant Shipping Act](https://www.mifsudadvocates.com.mt/protecting-rights-over-ships-understanding-article-37-of-the-merchant-shipping-act/) - Article 37 of the Merchant Shipping Act provides an important protective remedy for persons claiming rights in or over a ship. It empowers the Court, upon a sworn application by the claimant, to issue an order prohibiting any dealing with a ship or any share therein for a period of up to one year, renewable upon request. Such an order acts as a safeguard, ensuring that the ship remains available to satisfy the claimant’s rights while legal proceedings are pursued. - [Changes to the Health and Safety Framework on Temporary or Mobile Construction Sites](https://www.mifsudadvocates.com.mt/changes-to-the-health-and-safety-framework-on-temporary-or-mobile-construction-sites/) - On the 7th of September 2025, the Health and Safety at Work (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations, 2025 (S.L. 646. 27)(‘Regulations’) came into force, repealing the earlier Workplace (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations (S.L. 646.25). - [The Court of Justice of the European Union strengthens the Principle of Indirect Discrimination by Association in Employment ](https://www.mifsudadvocates.com.mt/the-court-of-justice-of-the-european-union-strengthens-the-principle-of-indirect-discrimination-by-association-in-employment/) - In its preliminary ruling of the 11th of September 2025 in Case C-38/24, the Court of Justice of the European Union reaffirmed and clarified the scope of protection against discrimination on the grounds of disability in employment. The Court held that the prohibition of indirect discrimination extends not only to employees with disabilities themselves but also to employees who suffer discrimination because they are primary caregivers of a person with disabilities. This marks a significant development, particularly in relation to discrimination by association. - [Protection of Agricultural Land Regulations, 2025 - Explaining the new obligation to register agricultural land](https://www.mifsudadvocates.com.mt/protection-of-agricultural-land-regulations-2025-explaining-the-new-obligation-to-register-agricultural-land/) - New regulations have recently been published with the purpose of safeguarding agricultural land. The Protection of Agricultural Land Regulations (Legal Notice 150 of 2025) introduce a new obligation requiring farmers and landowners to register their land within six months from the 28th of September 2025. For the purposes of this legal notice, agricultural land is defined as land situated outside the development zone that is capable of sustaining agricultural activity, such as the cultivation of crops, flowers, fruit trees or vines. Upon registration, the farmer or landowner is also required to submit a crop plan covering one agricultural year, which runs from the 1st of September until the 31st of August. - [Mifsud & Mifsud Advocates at the 2025 Baby Talks Conference](https://www.mifsudadvocates.com.mt/mifsud-mifsud-advocates-at-the-2025-baby-talks-conference/) - On the 07th September 2025, Av. Charlene Baldacchino Gauci participated in the Redefining Parenting Partnership Panel at the 2025 Baby Talks Conference. During this panel, sponsored by Mifsud & Mifsud Advocates, Av Baldacchino Gauci discussed various family entitlements which employees may utilise both during pregnancy and post-birth, including time off for ante-natal visits, maternity, paternity - [Sue now or forever hold your peace](https://www.mifsudadvocates.com.mt/sue-now-or-forever-hold-your-peace/) - Jactitation suits as a remedy to protect yourself from legal threats Under Maltese law, when a person asserts a legal right without actually bringing a case to trial, the law provides a remedy known as a jactitation suit, or in Maltese, ġudizzju ta’ jattanza. - [Strict application of 2021 rent reform leads to eviction order](https://www.mifsudadvocates.com.mt/strict-application-of-2021-rent-reform-leads-to-eviction-order/) - The decision of the Rent Regulation Board in Carmen Cassar et vs Joseph Caruana et (RRB 324/22 NB) concerns an application based on Article 4A of Chapter 69 of the Laws of Malta. This judgment illustrates that the Board will apply legislative thresholds strictly and will not dilute statutory requirements through discretionary leniency unless expressly allowed by law. - [Malta Labour Migration Policy](https://www.mifsudadvocates.com.mt/malta-labour-migration-policy/) - The Government has announced it will begin implementing its revised Malta Labour Migration Policy, which follows a public consultation process held earlier this year. The policy aims to better regulate foreign labour by focusing on skills-based migration, improving worker protections, and ensuring that the benefits of migration are felt more directly by the Maltese workforce and taxpayer. The final version of the policy incorporates feedback from unions, employers, civil society, and the public. The following are the salient changes being brought into effect from 1st August 2025. - [Court cannot fill in with evidence a party failed to produce](https://www.mifsudadvocates.com.mt/court-cannot-fill-in-with-evidence-a-party-failed-to-produce/) - If a party fails to produce evidence on what it alleges, the court cannot uphold that request. This was held in a Court of Appeal judgement delivered on 23 June 2025 in the case Godwin Schembri vs Lawrence Theuma. The Court was presided by Chief Justice Mark Chectuti and judges Giannino Caruana Demajo and Anthony Ellul. - [Pink October at Mifsud & Mifsud Advocates](https://www.mifsudadvocates.com.mt/pink-october-at-mifsud-mifsud-advocates/) - Mifsud & Mifsud Advocates together with Aegis Corporate Services teamed up to celebrate National Breast Cancer Awareness Month this October. In order to raise further awareness, all the team members decided to wear pink on the day. - [The European Accessibility Act](https://www.mifsudadvocates.com.mt/the-eu-accessibility-act/) - As of tomorrow, 28th June 2025, businesses have a new obligation to adhere to in terms of the European Accessibility Act (EAA). The European Accessibility Act was transposed into Maltese law in terms of the Accessibility Measures (European Accessibility Act), Subsidiary Legislation 627.03. At the core of the directive is the principle of “design for - [Increase in punishment in relation to employment offences](https://www.mifsudadvocates.com.mt/increase-in-punishment-in-relation-to-employment-offences/) - On 6 June 2025, Parliament passed Act XIV of 2025 wherein the punishments for crimes listed in the Employment and Industrial Relations Act have been increased. - [Time-bar period for water leakages commences when the damages are obvious](https://www.mifsudadvocates.com.mt/time-bar-period-for-water-leakages-commences-when-the-damages-are-obvious/) - Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place. This was held in a judgement delivered on 4 June 2025 in Frank Cristiano et vs Kevin Farrugia and George Farrugia & Sons Limited, by Judge Anna Felice. - [Defendant cannot raise new pleas in appeal stage](https://www.mifsudadvocates.com.mt/defendant-cannot-raise-new-pleas-in-appeal-stage/) - New pleas cannot be raised in an appeal of any of the parties. This was held in Saviour Camilleri vs Noel Borg, a judgement delivered by the Court of Appeal on 16 May 2025. The court was presided by Mr Justice Lawrence Mintoff. - [Additional pipes and windows cannot be placed if not referred to in the contract](https://www.mifsudadvocates.com.mt/additional-pipes-and-windows-cannot-be-placed-if-not-referred-to-in-the-contract/) - The servitudes mentioned in the contract are not to be added on if not agreed to, according to a judgement delivered by Judge Anna Felice on 21 May 2025 in Cassar and Cooper (Holdings) Limited vs Allwares Limited and Leonard sive Leo Cassar. - [When enforcing a foreign judgement the court must apply the law restrictively](https://www.mifsudadvocates.com.mt/when-enforcing-a-foreign-judgement-the-court-must-apply-the-law-restrictively/) - The court cannot go outside the parameters of the law when it is deciding whether to enforce a foreign judgement in Malta. This was held by the Court of Appeal on 8 May 2025, presided over by Chief Justice Mark Chetcuti and judges Christian Falzon Scerri and Josette Demicoli. The case was lawyer Malcolm Mifsud noe. vs Winthrop Woodrow Asset Management SCC Limited. - [Urgent Family Leave Extended under Maltese Law](https://www.mifsudadvocates.com.mt/urgent-family-leave-extended-under-maltese-law/) - The purpose of the Urgent Family Leave Regulations under Maltese law is to assist working parents in reconciling their parental and professional responsibilities. To this end, as from the 04th April 2025, employees shall be entitled to a minimum of 32 hours per year of urgent family leave with pay by the employer. Is the - [The EU Pay Transparency Directive](https://www.mifsudadvocates.com.mt/the-eu-pay-transparency-directive/) - The right to equal pay for work, as established under Article 157 TFEU and Directive 2006/54/EC, has long faced enforcement challenges due to limited pay transparency. The EU Pay Transparency Directive, which was part of the EU Gender Equality Strategy 2020-2025, aims to close this gap with measures such as salary transparency in job postings, employee access to pay data, and mandatory gender pay gap reporting. This has to be transposed into national law of EU Member States within three years, not later than the 7th of June of 2026. - [EU Court Rules Against Malta’s Programme for Citizenship by Investment. Deems it incompatible with EU Law](https://www.mifsudadvocates.com.mt/eu-court-rules-against-maltas-programme-for-citizenship-by-investment-deems-it-incompatible-with-eu-law/) - In a landmark ruling, the European Court of Justice (ECJ) has declared Malta’s Citizenship by Investment Scheme (CBI) incompatible with EU law. The Grand Chamber found that Malta’s program, which granted citizenship—and by extension, EU citizenship—to foreign investors in exchange for financial contributions, violated the principles of sincere cooperation and mutual trust enshrined in the EU Treaties. - [Workers' Day in Malta: A Reflection on the Progress Made and What the Future Holds](https://www.mifsudadvocates.com.mt/workers-day-in-malta-a-reflection-on-the-progress-made-and-what-the-future-holds/) - As we honour the contributions and hard work of employees worldwide on Workers’ Day, it would be opportune to acknowledge and recognise the continuous efforts which are still being made to further protect and enhance employees’ rights. Over the years, Malta has demonstrated a strong commitment to evolving its legal framework to meet the needs - [A court cannot stop an action which has already taken place](https://www.mifsudadvocates.com.mt/a-court-cannot-stop-an-action-which-has-already-taken-place/) - A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place. This was decided in a decree delivered on 22 April 2025 by Mr Justice Ian Spiteri Bailey in John Attard vs Steve Agius et. - [Tax Commissioner is to follow the procedure in full](https://www.mifsudadvocates.com.mt/tax-commissioner-is-to-follow-the-procedure-in-full/) - A tax estimate was declared null and void because the Tax Commissioner failed to notify the company as prescribed by law. This was held in a judgement delivered by Mr Justice Francesco Depasquale on 1 April 2025 in Sullsport Ltd vs Tax Commissioner. - [Court may decide a case even if there is conflicting evidence](https://www.mifsudadvocates.com.mt/court-may-decide-a-case-even-if-there-is-conflicting-evidence/) - On 25 March 2025, the Court of Criminal Appeal, led by Mr Justice Neville Camilleri, delivered a judgement in the case The Police vs IS. The case arises from a conflict between IS and his wife, SS, occurring on 27 June 2022. This judgement highlights crucial aspects of domestic disputes, the evidentiary burden in criminal law, and the nature of judicial discretion in assessing credibility. - [When the wording of a contract is clear there is no need for any other interpretation](https://www.mifsudadvocates.com.mt/when-the-wording-of-a-contract-is-clear-there-is-no-need-for-any-other-interpretation/) - The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of that contract. This was held in FS Design Limited vs Adrian Fenech and Roberta Fenech on 17 March 2025 by Magistrate Dr Joseph Gatt. - [When there is no defence, the plaintiff still has to prove the case](https://www.mifsudadvocates.com.mt/when-there-is-no-defence-the-plaintiff-still-has-to-prove-the-case/) - When the defendant fails to file a statement of defence, this does not mean they are admitting to the claims of the plaintiff. This was held in a judgement delivered by the First Hall of the Civil Court on 13 March 2025 in the names of R&E Online Marketing Limited vs eGaming Lab Ltd. The court was presided by Mr Justice Mark Simiana. - [Court rules pensioner should receive an increase in pension](https://www.mifsudadvocates.com.mt/court-rules-pensioner-should-receive-an-increase-in-pension/) - The Court of Appeal in its deliberations held that the fact that the Appellant retired in 2015, before the Legal Notice became enforceable, is irrelevant. What is relevant, the judgement says, is that the Appellant satisfied the requisites of Article 64A of the Social Security Act. In its judgement on 5 March 2025, the Court of Appeal held that the interpretation of the Director General in the Department of Social Security was discriminatory. - [The defendant must be involved in the transaction](https://www.mifsudadvocates.com.mt/the-defendant-must-be-involved-in-the-transaction/) - For a Defendant to be the correct Defendant, it must be shown that prima facie he or she were involved in the transaction. This was held in a judgement delivered by Magistrate Noel Bartolo presiding over the Rent Regulation Board in C&F Enterprises Limited vs Aloisia Mifsud Grech. The judgement was delivered on 7 February 2025. - [EU legislation allows compensation for those who are denied boarding a flight](https://www.mifsudadvocates.com.mt/eu-legislation-allows-compensation-for-those-who-are-denied-boarding-a-flight/) - EU legislation allows compensation in cases when people are unjustifiably denied boarding. This was held in a judgement delivered by the adjudicator Dr Ilona Schembri presiding over the European Small Claims Procedure on 11 February 2025 in the case Aurelian Alin Marocico vs Wizz Air Malta Limited. This procedure was established by Regulation (EC) 861/2007 of the European Parliament and of the Council. - [In Likes We Trust? The Legal Reality of Influencer Advertising](https://www.mifsudadvocates.com.mt/in-likes-we-trust-the-legal-reality-of-influencer-advertising/) - A consequence of the meteoric rise and dependence on social media, a new realm of professions was created. Traditional celebrities have been cast aside as of late being replaced by the newly crowned “influencer” or “content creator”. - [Amendments to the Merchant Shipping Act: A Step Towards Modernization](https://www.mifsudadvocates.com.mt/amendments-to-the-merchant-shipping-act-a-step-towards-modernization/) - Act No. I of 2025 introduces a comprehensive set of changes to the Merchant Shipping Act aimed at modernizing Malta’s shipping regulations. These amendments align national laws with international maritime standards, streamline administrative procedures, and enhance legal protections for shipowners and seafarers. These amendments will come into effect within two months from the date of their publication in the Government Gazette. - [Once a company does not pay its debts the court may liquidate it](https://www.mifsudadvocates.com.mt/once-a-company-does-not-pay-its-debts-the-court-may-liquidate-it/) - The law allows a liquidation of a company upon the application of a creditor if the debtor company is served with an executive title and fails to pay within 24 hours. This concept is taken from English law known as cash flow insolvency. The Court has the discretion to liquidate the company which is unable to pay its debts. This was held in a judgement delivered by Mr Justice Ian Spiteri Bailey presiding over the Civil Court (Commercial Section) on 29 January 2025. - [An investor must bear all the risks of an investment](https://www.mifsudadvocates.com.mt/an-investor-must-bear-all-the-risks-of-an-investment/) - An EU official took all the risk when she invested her severance package, with the result that the value decreased. This was held in a judgement delivered by the Court of Appeal on 22 January 2025 in Helen Zammit Camilleri vs CCGM Pension Administrators Limited. The Court of Appeal was presided by Mr Justice Lawrence Mintoff. This was an appeal from a decision given by the Arbiter for Financial Services on 7 March 2024, where the Arbiter rejected a complaint against the company. - [A judicial review may be done only against the public administration](https://www.mifsudadvocates.com.mt/a-judicial-review-may-be-done-only-against-the-public-administration/) - A call to include persons with interest in the action was turned down because the action was a judicial review. It is essential that a judicial review is filed against public bodies. This was held in a judgement delivered by Judge Doreen Clarke in Luciana Brincat vs Public Service Commission et on 14 January 2025. - [Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded](https://www.mifsudadvocates.com.mt/developer-to-bear-expenses-for-reconstructing-a-common-party-wall-when-the-bearing-capacity-of-the-wall-is-exceeded/) - The Developer must bear the expenses for reconstructing a common party wall when the height proposed in the development cannot be supported by the common wall. This was held in the final judgement given in the acts of the warrant of prohibitory injunction of Maria Dolores Bartolo and Francis Publius Grixti vs Architect Christopher Tabone, Francesca Giovagnorio and Edward Borg on 6 January 2025. The Court was presided over by Judge Henri Mizzi. - [Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors](https://www.mifsudadvocates.com.mt/judicial-liquidation-of-a-company-kicks-off-a-series-of-measures-aimed-at-protecting-creditors/) - A judicial liquidation is aimed at protecting creditors and is done by a collective procedure. This was held in a judgement given by Mr Justice Ian Spiteri Bailey in Dr Michael Psaila noe vs X before the Civil Court in its commercial jurisdiction. Dr Psaila was representing a BVI company, Mediterranean Overseas Holding Limited and Corinthia (Malta) Staff Services Limited. The judgement was delivered on 3 January 2025. - [Damages lawsuit requires proof of direct link between action and its alleged consequences](https://www.mifsudadvocates.com.mt/damages-lawsuit-requires-proof-of-direct-link-between-action-and-its-alleged-consequences/) - An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed. This was held in a judgement delivered by the First Hall of the Civil Court on 16 December 2024 in the case Hotel San Antonio Limited vs Dee Nic Mc Gowan et. The Court was presided over by Mr Justice Toni Abela. - [Steward and the Maltese government: Making sense of their arbitration case](https://www.mifsudadvocates.com.mt/steward-and-the-maltese-government-making-sense-of-their-arbitration-case/) - Lawyer Malcolm Mifsud, a partner at Mifsud & Mifsud Associates, explained to MaltaToday that arbitration proceedings are, in theory, faster and cheaper than regular court proceedings. - [Before depositing rent in court, a tenant must first offer payment](https://www.mifsudadvocates.com.mt/before-depositing-rent-in-court-a-tenant-must-first-offer-payment/) - A deposit of rent in court is only valid if the tenant first offers payment to the owner. If payment is rejected then the tenant may deposit the rent in court. This was held in a judgement in Anna Zerafa et v Amedeo Scerri before the Rent Regulation Board, presided by Magistrate Joseph Gatt. The judgement was delivered on 15 November 2024. - [Payment of rent by agricultural produce has to be subject to a written agreement](https://www.mifsudadvocates.com.mt/payment-of-rent-by-agricultural-produce-has-to-be-subject-to-a-written-agreement/) - An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement. This was held in a judgement delivered by the Court of Appeal presided over by the Chief Justice Mark Chetcuti and Judges Robert Mangion and Grazio Mercieca. The judgement was delivered on 12 November 2024 in Joseph Bartolo et vs Nicholas Bartolo et. - [Producing no evidence may imply responsibility](https://www.mifsudadvocates.com.mt/producing-no-evidence-may-imply-responsibility/) - If a party to any action does not produce any evidence in a damages case, it may implicitly admit to responsibility. This was held in Catania Fisheries Limited vs Adrian Zerafa decided by the First Hall of the Civil Court on 6 November 2024. Judge Anna Felice presided. - [When enforcing a foreign judgement, the Maltese Courts should not carry out a retrial](https://www.mifsudadvocates.com.mt/when-enforcing-a-foreign-judgement-the-maltese-courts-should-not-carry-out-a-retrial/) - In a decree issued by the First Hall of the Civil Court in Dr Malcolm Mifsud noe vs Ugor Tatlici given on 30 October 2024, the Court ruled that Article 827(1)(a) of the Code of Organisation and Civil Procedure does not allow the Court to carry out a retrial itself. The Court was presided over by Mr Justice Toni Abela. - [Licensed cargo agents have exclusivity only in customs restricted areas](https://www.mifsudadvocates.com.mt/licensed-cargo-agents-have-exclusivity-only-in-customs-restricted-areas/) - A licensed cargo agent may be allowed to pick up merchandise from restricted areas controlled by the Customs Department. But in other areas, others may do the same work. This was held in a judgement delivered by the First Hall of the Civil Court presided by Judge Anna Felice on 9 October 2024. The Parties to the case were Carmelo Meli Limited vs Tax Commissioner. - [Evidence must have an audit trail](https://www.mifsudadvocates.com.mt/evidence-must-have-an-audit-trail/) - The Court must be convinced that the evidence brought before it was not tampered with. This was held in a judgement delivered by the Court of Criminal Appeal on 5 September 2024 in the Police vs James Zahra. The court was presided by Mr Justice Neville Camilleri. - [The different approaches to revoke a garnishee order](https://www.mifsudadvocates.com.mt/the-different-approaches-to-revoke-a-garnishee-order/) - The party subject to a precautionary warrant, such as a garnishee order must choose carefully which procedure to use in order to ask the court to revoke it. This was held in a judgement delivered by the Court of Appeal on 3 September 2024 in MPM Capital Investments Limited, Alexander Mangion and Melvyn Mangion vs Alfred Anton Zarifa and Oleba Viktorivna known as Elena Zarifa. The Court of Appeal was presided by the Chief Justice Mark Chetcuti and judges Christian Falzon Scerri and Josette Demicoli. - [Part-payment of bills of exchange can block their execution](https://www.mifsudadvocates.com.mt/part-payment-of-bills-of-exchange-can-block-their-execution/) - If the debtor pays in part the bills of exchange, the court may reject an application for them to be declared as an executive title. This was held in the acts of an executive judicial letter in the names of GasanMamo Motors Limited vs Khurram Saeed Qadir Khan and Khan Group Limited, before the First Hall of the Civil Courts presided over by Judge Doreen Clarke. - [An Employer does not have the Power to Reject an Employee’s Resignation](https://www.mifsudadvocates.com.mt/an-employer-does-not-have-the-power-to-reject-an-employees-resignation/) - In the case ‘Clayton Zammit vs Erica Pantaleon’ decided by the Industrial Tribunal on the 07th August 2024, the Tribunal decided that the case lodged by the plaintiff was presented fuori termine. - [Court denies property division due to plaintiffs’ lack of evidence](https://www.mifsudadvocates.com.mt/court-denies-property-division-due-to-plaintiffs-lack-of-evidence/) - In a recent decision, the First Hall of the Civil Court, presided over by Justice Dr Joanna Vella Cuschieri, ruled against the division of a co-owned property in the case of Cathia Mifsud Bonnici et vs. Gemma Micallef. The judgement, delivered on 27 June 2024, highlights the critical importance of technical evidence and expert testimony in property disputes for an unbiased division of co-owned property. - [Breach of bail is a separate crime](https://www.mifsudadvocates.com.mt/breach-of-bail-is-a-separate-crime/) - he Prosecution may choose to prosecute an accused, if they breach the bail conditions, according to a ruling delivered by the Court of Criminal Appeal presided by Mr Justice Neville Camilleri in the case the Police vs Priviledge Mupimhidzi. - [Right to a widow’s pension even following annulment](https://www.mifsudadvocates.com.mt/right-to-a-widows-pension-even-following-annulment/) - The annulment of a marriage may still allow a woman to receive a widow’s pension. This was held in Lorenza Vassallo vs Director Social Security, decided on 17 July 2024 by the Court of Appeal presided by Mr Justice Lawrence Mintoff. - [Evaluation of appeal is required to determine which declarations are res judicata](https://www.mifsudadvocates.com.mt/evaluation-of-appeal-is-required-to-determine-which-declarations-are-res-judicata-2/) - A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgement Sarah Gatt v. Jean Pierre Gatt delivered on the 26th November 2020. - [Court may turn down claims, even if Defendant did not file statement of defence](https://www.mifsudadvocates.com.mt/court-may-turn-down-claims-even-if-defendant-did-not-file-statement-of-defence/) - The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff. This was held in a judgment delivered by the First Hall of the Civil Court in Sunshine Aviation Limited vs Skyfirst Limited. The court was presided over by Mr Justice Giovanni Grixti. - [Email Phishing Incidents & Fraudulent Transactions - Court declares who is responsible](https://www.mifsudadvocates.com.mt/scam-victims-are-bound-to-be-diligent/) - 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 of the Civil Court on 12 June 2024 in lawyer Cedric Mifsud on behalf of foreign company Luise Associates Srl vs the ship MY Queen Mavia. The Court was presided over by Judge Miriam Hayman. - [Increase in rent should reflect the open market value of the property](https://www.mifsudadvocates.com.mt/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 the Court of Appeal in Maria Carmela Bugelli et vs Saviour Bonnici et on 29 May 2024. Mr Justice Lawrence Mintoff presided over the Court of Appeal. - [Qualifications must be equal to that listed in the law](https://www.mifsudadvocates.com.mt/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 Evgeuni Bodishtianu vs Accountancy Board decided on 20 May 2024. The Administrative Review Tribunal was presided over by Magistrate Charmaine Galea. - [A threat must be realistic in order for it to be a crime](https://www.mifsudadvocates.com.mt/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 in the Police vs Daniel Xuereb decided on 16 May 2024 by the Magistrates’ Court presided by Magistrate Kevan Azzopardi. - [Court will not enter into intricacies when dealing with a precautionary warrant](https://www.mifsudadvocates.com.mt/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 the procedure. This was held in a decree given by Judge Miriam Hayman presiding over the First Hall of the Civil Court in the acts of the warrant of arrest of a vessel, lawyer Cedric Mifsud representing Degroma Trading Inc. of Panama vs the vessel Diamond-T. - [Shareholder is distinct from the company](https://www.mifsudadvocates.com.mt/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 Appeal on 25 April 2024 in Cedric Mifsud in the name and in representation of the foreign company Adria Yachting NV vs Stephen Christopher Schlosser. The Court of Appeal was presided over by the Chief Justice and judges Christian Falzon Scerri and Josette Demicoli. - [Parties in lawsuits living abroad must be represented in the proceedings](https://www.mifsudadvocates.com.mt/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 to proceed. The Court has ruled that the Plaintiff of the case is to appoint a representative if they do not ordinarily reside in Malta. This was held in Anthony Dervan and Michelle Dervan vs Mark Critchley and Marie Louise Critchley on 16 April 2024. The judgment was delivered by the First Hall of the Civil Court presided by Judge Doreen Clarke. - [It is the judge who should evaluate the evidence produced](https://www.mifsudadvocates.com.mt/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 2024 in Anthony Muscat et vs the Prime Minister and the Commander of the Armed Forces of Malta. - [New Amendments to the Criminal Code](https://www.mifsudadvocates.com.mt/new-amendments-to-the-criminal-code-2/) - 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 2024. - [Court gives explanation between 10 and 30 years’ acquisitive prescription](https://www.mifsudadvocates.com.mt/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 and the possession must be as the owner. - [Banks must explain to clients why they want certain documents](https://www.mifsudadvocates.com.mt/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 held in a judgement delivered by the Court of Appeal on 3 April 2024 in Ignazio Licari vs Bank of Valletta plc. The Court was presided over by Mr Justice Lawrence Mintoff. - [The Court must decide on all pleas raised](https://www.mifsudadvocates.com.mt/the-court-must-decide-on-all-pleas-raised/) - The Court will decide on all claims and pleas the parties of a case have raised. This was held in an action instituted by Lovin Malta Limited and Christian Peregrin vs the State Advocate. One Productions Limited, the Labour Party-owned media company, and Media.Link Communications Company Limited, the Nationalist Party-owned media firm, intervened in this case. The partial judgement was delivered on 18 March 2024 by Mr Justice Ian Spiteri Bailey. - [Co-owners cannot block the use of other co-owners](https://www.mifsudadvocates.com.mt/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 in a judgement delivered by Mr Justice Toni Abela on 14 March 2024 in Joseph Vella vs Brendan Degiorgio. - [The Small Commercial Yacht Code effective from 01st April 2024](https://www.mifsudadvocates.com.mt/the-small-commercial-yacht-code-effective-from-01st-april-2024/) - Through a commercial yachting notice published today, Transport Malta has introduced the Small Commercial Yacht Code (sCYC) which will be effective from 01st April 2024. The Merchant Shipping Directorate has specifically designed the Small Commercial Yacht Code to cater for small commercial yachts between 12 metres and 24 metres in length, engaged in commercial operations, and which do not carry more than 12 passengers. - [A creditor may ask a company to be revived](https://www.mifsudadvocates.com.mt/a-creditor-may-ask-a-company-to-be-revived/) - A company which is owed money from a company which has been struck off the Companies Register may ask the Court to revive the company in order to proceed against it. This was held in a judgement delivered before the Civil Court (Commercial Section) in GBCom Limited vs Companies Registrar on 1 March 2024. Mr Justice Ian Spiteri Bailey presided over the Court. - [The elements of a retrial must be cumulative](https://www.mifsudadvocates.com.mt/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 Caruana et vs Planning Authority and Simon Chris Enriquez, on 28 February 2024. The Court of Appeal was presided over by Mr Justice Lawrence Mintoff. - [Legatee must request the release of the property from the heirs in solidum](https://www.mifsudadvocates.com.mt/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 Civil Court in a partial judgement in the names of Odette Abela vs Josephine Cassar delivered by Honourable Judge Lawrence Mintoff on the 20th May 2019 decided that the institute of legacy is to be considered as indivisible and therefore if there is disagreement on the part of one or more of the heirs as to whether the legatee should be admitted into possession of the property devolved upon the legatee, then the latter must proceed with filing an application in Court against all the heirs and not solely against that heir or heirs who would be objecting to the legatee being admitted into possession of the property. - [Fingerprints may be deemed sufficient evidence to prove the commission of a crime](https://www.mifsudadvocates.com.mt/fingerprints-may-be-deemed-sufficient-evidence-to-prove-the-commission-of-a-crime/) - With regards to the intentional element of the crime of theft the Court held that the argument of the accused did not hold water since the simple use or enjoyment of the object, even if temporarily, satisfies the criterion of the intent of gain. This was confirmed by the Court of Criminal Appeal in virtue of a judgement of the 31st July 2019 in the names Pulizija v Kevin Psaila. - [Eviction from a tenement will be granted by the Rent Regulation Board only if it is an exceptional and last resort](https://www.mifsudadvocates.com.mt/eviction-from-a-tenement-will-be-granted-by-the-rent-regulation-board-only-if-it-is-an-exceptional-and-last-resort/) - Although it is the lessee’s responsibility to perform acts of maintenance in accordance with the law and the lease contract, this does not mean that if the tenant is in default he can be automatically evicted. Eviction is an act of last resort, as the law provides lessors with other legal remedies in order to enforce the performance of the necessary repairs by the lessee instead of terminating the contract. This was held by the Rent Regulation Board in the case of Maria Louise Borg et. vs Stanley Jones presided by Magistrate Dr Josette Demicoli. - [Financial Adviser’s position may be a material fact in a financial services complaint](https://www.mifsudadvocates.com.mt/financial-advisers-position-may-be-a-material-fact-in-a-financial-services-complaint/) - The fact that an investor is also an investment adviser, has bearing on the fact that he took decisions that he was well aware of the risks that were being taken. This was held in a Court of Appeal judgement delivered on 15 September 2021 by Mr Justice Lawrence Mintoff in Matthew Henman and Sally Henman -v- Momentum Pensions Malta Limited. - [Warrants enforcing executive titles may be challenged in very limited cases](https://www.mifsudadvocates.com.mt/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 been issued. This was held by the Family Court presided by Mr Justice Neville Camilleri in Mary Saliba -v- Charles Saliba. The decree was delivered on 17 November 2021. - [A judicial letter must also be notified to the authorised insurance in motor vehicle collisions](https://www.mifsudadvocates.com.mt/a-judicial-letter-must-also-be-notified-to-the-authorised-insurance-in-motor-vehicle-collisions/) - In Motor vehicle collisions, where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter shall also be notified to the authorised insurance. When a motor vehicle claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter must also be notified to the authorized insurance. This was stipulated by the Court of Magistrates on the 30th May 2022 in the judgement Mike Service Station Limited vs Sam Charles Aquilina. - [Once a company is inactive for a period of time, its liquidation would be justified](https://www.mifsudadvocates.com.mt/once-a-company-is-inactive-for-a-period-of-time-its-liquidation-would-be-justified/) - If the reason for a company does not exist anymore, then the company should be liquidated. This was held in an application presented by Petrozavodsk Gruppa Limited before the Civil Court in its Commercial Jurisdiction, presided by Mr Justice Ian Spiteri Bailey and decided on 6 March 2023. - [Appeals Court rakes in favour of the Commissioner of Revenues](https://www.mifsudadvocates.com.mt/appeals-court-rakes-in-favour-of-the-commissioner-of-revenues/) - The Court of Appeal held that the Court does not have the competence to determine whether the Revenues Commissioner had a title or not over the amount based on the evidence presented. This was held in Francis Grima in his own name and in his capacity as director and representing the company Outwest Limited vs Commission of Revenues. - [Terms and Conditions of Employment - ICLG Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/terms-and-conditions-of-employment-iclg-employment-and-labour-law-2023/) - The Employment and Industrial Relations Act (hereinafter referred to as the ‘EIRA’), Chapter 452 of the Laws of Malta, serves as the main source of Maltese employment law. The EIRA provides the basic legal framework, regulating the main conditions of employment in Malta. Specific areas of employment law are in turn regulated by various subsidiary legislations promulgated under the EIRA, as the latter transposed a number of different directives of the European Union. - [Distinction must be made between the merits of an executive title and the formality of an executive warrant](https://www.mifsudadvocates.com.mt/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 formality of an executive act and the merits of the executive title leading to that executive warrant. - [Any doubt on whether the action is time barred should go in favour of the plaintiff](https://www.mifsudadvocates.com.mt/any-doubt-on-whether-the-action-is-time-barred-should-go-in-favour-of-the-plaintiff/) - The party claiming that an action is time barred should prove this. However, any doubt should sway in favour of the plaintiff. This was the outcome of the judgement delivered on 30 January 2024 in Adrian Leone Ganado vs Micra Events & Services Limited. The First Hall of the Civil Court was presided by Mr Justice Robert Mangion. - [The date of a judgement is essential for its validity](https://www.mifsudadvocates.com.mt/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, decided by the Court of Criminal Appeal on 23 January 2024 presided over by Mr Justice Neville Camilleri. - [Tribunal must decide on all grounds of appeal](https://www.mifsudadvocates.com.mt/tribunal-must-decide-on-all-grounds-of-appeal/) - The Financial Services Tribunal was asked to decide on two grounds of appeal and not just one. This was held in Corporate & Commercial FX Services Ltd vs the Malta Financial Services Authority on 10 January 2024. The Court of Appeal presided over by Mr Justice Lawrence Mintoff delivered this judgement. - [Maltese court has jurisdiction of vessels found in Malta’s territorial waters](https://www.mifsudadvocates.com.mt/maltese-court-has-jurisdiction-of-vessels-found-in-maltas-territorial-waters/) - The jurisdiction of the courts is generally applicable when the matter relates to property that is situated in Malta. The same provision also applies to movables as long as the movable is located in Malta and the merits of the case concern precisely that movable. - [Cross-Border Transactions: Navigating Debt Recovery by means of the European Account Preservation Order (EAPO)](https://www.mifsudadvocates.com.mt/cross-border-transactions-navigating-debt-recovery-by-means-of-the-european-account-preservation-order-eapo/) - In the ever-evolving landscape of cross-border transactions within the European Union (EU), the European Account Preservation Order (EAPO) emerges as a crucial mechanism for enabling debt recovery between EU countries. Enshrined in Regulation (EU) No 655/2014, this procedure establishes a streamlined approach allowing courts following a request made by a creditor in one EU country to freeze funds held by its debtor in another EU country. - [Contractor must charge at rates listed in quotation](https://www.mifsudadvocates.com.mt/contractor-must-charge-at-rates-listed-in-quotation/) - A contractor cannot inflate the price of extra works, if the parties had agreed on the rates, before the works started. This was held by the Magistrates Court presided by Magistrate Dr Marse-Ann Farrugia in a judgment delivered on 15 December 2023. The case was Mario Falzon on his behalf and on behalf of Proman Interior vs Erika Zammit. - [The loss of remission is not a punishment but a means of keeping discipline in prison](https://www.mifsudadvocates.com.mt/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 held in a habeas corpus application presented by Anthony Borg before the Magistrates Court, presided by Magistrate Dr Victor Axiak. The application was filed in terms of Article 409A(1) of the Criminal Code. Borg claimed that he was being held in terms of Articles 21 and 22 of the Restorative Justice Act, which provided for remission of prisoners. He claimed that he had served a six-month prison sentence given to him by the Court of Criminal Appeal in July 2023 and therefore, as such his detention was without cause. - [Recent amendment to Debt Recovery law: Higher wage exemption](https://www.mifsudadvocates.com.mt/salary-or-wage-exemption/) - One of the tools available to creditors against debtors is the issuance of a garnishee order against a salary or wage or wage of the debtor, provided that the garnishee order is applicable only against any amount in excess of a sum protected by law. - [Av Charlene Baldacchino Gauci discusses Employment Contracts and Employee Rights and Obligations](https://www.mifsudadvocates.com.mt/av-charlene-baldacchino-gauci-discusses-employment-contracts-and-employee-rights-obligations/) - On the 18th December 2023, Av Charlene Baldacchino Gauci participated in an interview on the programme “Gimgha b’Gimgha”, whereby she discussed important principles of Employment Law. During the interview, Av Baldacchino Gauci discussed the main differences between the two types of employment contracts, these being definite and indefinite contracts, and the way in which an - [Partner Cedric Mifsud discuss the principles of Supremacy of EU law over national law](https://www.mifsudadvocates.com.mt/partner-cedric-mifsud-discuss-the-principles-of-supremacy-of-eu-law-over-national-law/) - Cedric Mifsud, was invited to give comments on one of Malta's leading news programmes aired on National TV, where he was asked to comment about the recent amendments introduced by means of Article 56A of the Gaming Act and the recent judgments relating to the said amendments. Article 56A is a clause in the law - [An email may be sufficient for an agreement](https://www.mifsudadvocates.com.mt/an-email-may-be-sufficient-for-an-agreement/) - The Court had to delve into the wording of an email to see what agreement had been reached by the parties. This was held in a Court of Appeal judgement in FM Promotions Limited -v- Classic Group Limited. The judgement was delivered by Mr Justice Lawrence Mintoff on 29 November 2023. - [Compensation of expropriated land is liable to interest from day it is offered](https://www.mifsudadvocates.com.mt/compensation-of-expropriated-land-is-liable-to-interest-from-day-it-is-offered/) - The law provides that interest should be added to the compensation given from the date when the government offered the compensation following an expropriation of the land. This was held by the Lands Arbitration Board on 28 November 2023 in Clover Holdings Ltd. et vs Lands Authority. The Board was presided by Magistrate Dr Noel Bartolo. - [There is no legal right to parking in front of one’s home](https://www.mifsudadvocates.com.mt/there-is-no-legal-right-to-parking-in-front-of-ones-home/) - There is no legal right for anyone to object to road markings on the ground that one wants to park precisely in front of the one’s home. - [There is no judicial review for decisions refusing citizenship applications](https://www.mifsudadvocates.com.mt/there-is-no-judicial-review-for-decisions-refusing-citizenship-applications/) - The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review. - [There is a distinction between personal and corporate representation](https://www.mifsudadvocates.com.mt/there-is-a-distinction-between-personal-and-corporate-representation/) - The Tribunal also disagreed with the Board of Governors that the application was valid. The Board of Governments disregarded the notion of a distinction of corporate personality. It is true that Aquilina had signed on behalf of the company when the emphyteusis was established, but he was not doing this in his personal capacity. - [The three principles of criminal punishment explained](https://www.mifsudadvocates.com.mt/the-three-principles-of-criminal-punishment-explained/) - When awarding a punishment in criminal cases, the courts have to keep in mind that there are three principles. This was held on 20 May 2020 by Magistrate Dr Joseph Mifsud in Il-Pulizija -v- Mario Grima. Grima was accused of a number of thefts in Valletta in October and December 2019 and in January and March 2020.He admitted to the charges brought against him.The Court pointed out that the procedure stipulated in Articles 453(1) and 392A of the Criminal Court were strictly adhered to, in that the accused was given chance to reflect on whether he wanted to confirm his guilty plea, which he did. - [The repossession of a property must be clearly mentioned as an action of spoliation](https://www.mifsudadvocates.com.mt/the-repossession-of-a-property-must-be-clearly-mentioned-as-an-action-of-spoliation/) - This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application Arnaud explained that his mother lived in a property in Valletta and he was given the key. However, when his mother died, his sister Salvina Abela changed the locks, not allowing him to enter. He asked the Court to order the defendant to allow him access and to allow him to change the lock. - [The Posting of Workers in Malta Regulations](https://www.mifsudadvocates.com.mt/the-posting-of-workers-in-malta-regulations/) - The Posting of Workers in Malta Regulations (Subsidiary Legislation 452.82) aims to guarantee an appropriate level of protection of the rights of posted workers for the cross-border provision of services and establish a set of appropriate provisions, measures and control mechanisms necessary for better and more uniform implementation, including measures to prevent and sanction any abuse and circumvention of the applicable rules. - [The parties must prove the claims against each other](https://www.mifsudadvocates.com.mt/the-parties-must-prove-the-claims-against-each-other/) - The Parties who file claims and pleas must prove to the Court their respective positions. This was held in a judgement delivered by the Magistrates Court, presided by Dr Nadine Lia, on 22 February 2023. The case is Thomas Djafari et -v- TRC Family Entertainment Limited. - [The elements required in order to prove the offence of judicial or legal perjury](https://www.mifsudadvocates.com.mt/the-elements-required-in-order-to-prove-the-offence-of-judicial-or-legal-perjury/) - The Court of Magistrates (Malta) as a Court of Criminal Judicature in a judgement delivered by Magistrate Dr. Joseph Mifsud on the 1st February 2017 in the names Pulizija v. Giovanni Francesco Selvaggi analysed the elements which need to subsist in order for a person to be found guilty of the offence of judicial perjury. - [The Corporate Immigration Law Review - Malta](https://www.mifsudadvocates.com.mt/the-corporate-immigration-law-review-malta/) - Immigration and citizenship have evolved in Malta since it became independent in 1964. The Maltese government throughout the years has introduced various schemes on immigration with the main aim of attracting investment or high net worth individuals to Malta. More often than not the purchase or renting of property have been included in these schemes to give an obvious boost to the construction industry in Malta. In 2014 a new scheme was introduced for the acquisition of citizenship, the Individual Investor Programme (IIP), which has undergone a rough passage into Maltese legislation; however, today it enjoys the approval of the European Commission. - [The Arbiter for Financial Services and competence for own investigations](https://www.mifsudadvocates.com.mt/the-arbiter-for-financial-services-and-competence-for-own-investigations/) - The Office of the Arbiter for Financial Services is a self-governing and autonomous institution with the ability to arbitrate, investigate, and resolve complaints lodged by eligible customers against financial services providers regulated by the Malta Financial Services Authority (MFSA), Malta’s financial services regulator. - [The action of spoliation is intended to keep the public order](https://www.mifsudadvocates.com.mt/the-action-of-spoliation-is-intended-to-keep-the-public-order/) - The action to reverse an act of spoliation is intended to stop a person from taking the law in his or her hands. This was held in Joseph Farrugia et vs Carmelo sive Charlie Spiteri on 30 May 2023 before the First Hall of the Civil Courts, presided by Judge Joanne Vella Cuschieri. - [Terms of agreement should be clear between contracting parties](https://www.mifsudadvocates.com.mt/terms-of-agreement-should-be-clear-between-contracting-parties/) - The parties to an agreement should be clear to each other and each of the parties should know precisely what their obligations and responsibilities is. This was held in a judgement delivered by the Small Claims Tribunal in MBR Publications Limited -v- Testa Catering Concepts Limited on 20 May 2022. The Tribunal was presided over by Dr Kevin Camilleri Xuereb. - [Terms and Conditions of Employment - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/terms-and-conditions-of-employment-iclg-to-employment-and-labour-law-2022/) - Terms and Conditions of Employment - ICLG to Employment and Labour Law 2022 - [Termination of Employment - ICLG to Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/termination-of-employment-iclg-to-employment-and-labour-law-2023/) - Employees are only given notice of termination of their employment in the case of indefinite contracts. Such notice period must be given in the case of redundancies or resignations, however, no notice period is applicable when the termination of employment is done for a good and sufficient cause. The notice period given is based on the duration of employment of the employee, however, it may never exceed a total of 12 weeks. Longer notice periods may be agreed in the contract of employment when the employee holds a technical, executive, administrative or managerial role. - [Termination of Employment - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/termination-of-employment-iclg-to-employment-and-labour-law-2022/) - Employees are only given notice of termination of their employment in the case of indefinite contracts. Such notice period must be given in the case of redundancies or resignations, however, no notice period is applicable when the termination of employment is done for a good and sufficient cause. The notice period given is based on the duration of employment of the employee, however, it may never exceed a total of 12 weeks. Longer notice periods may be agreed in the contract of employment when the employee holds a technical, executive, administrative or managerial role. - [Termination of community of acquests during separation proceedings concern future dealings only](https://www.mifsudadvocates.com.mt/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 -v- Dr CB on 23 November 2021 by the Family Court presided by Mr Justice Anthony Vella. - [Tenant’s surviving relative ordered to vacate rented property](https://www.mifsudadvocates.com.mt/tenants-surviving-relative-ordered-to-vacate-rented-property/) - The Tribunal said that evidence showed that the plaintiff’s deceased brother had a legal title and not the plaintiff, therefore it moved to turn down the application. - [Tenant to pay for fire damage caused by TV](https://www.mifsudadvocates.com.mt/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 could have left the television on throughout the night and caused a short circuit. - [Tenant is legally bound to take care of his premises as though it were his own](https://www.mifsudadvocates.com.mt/tenant-is-legally-bound-to-take-care-of-his-premises-as-though-it-were-his-own/) - The First Hall of the Civil Court held that the tenant of any rented property has a legal obligation to take care of that property, as a father takes care of his family, and is to pay for all damages caused. This was decided by Ms Justice Anna Felice on 10 January, 2017 in Eman Pace -v- Daham Al Hamad. - [Teachers should have a good conduct throughout their career](https://www.mifsudadvocates.com.mt/teachers-should-have-a-good-conduct-throughout-their-career/) - Teachers must hold on to the requisites of their warrant throughout their career, which includes not to be found guilty of a crime which brings a punishment of one year’s imprisonment or higher. This was held in an Administrative Review Tribunal decision delivered on 9 August 2021 in Jesmond Gauci. The Tribunal was presided by Magistrate Dr Simone Grech. - [Tax valuation takes into consideration whether airspace can be developed](https://www.mifsudadvocates.com.mt/tax-valuation-takes-into-consideration-whether-airspace-can-be-developed/) - For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed. - [Tacit resolutive condition may dissolve agreement only in grave circumstances](https://www.mifsudadvocates.com.mt/tacit-resolutive-condition-may-dissolve-agreement-only-in-grave-circumstances/) - The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim. This was held by the Court of Magistrates on the 13th July 2022 in Mark Anthony Portelli vs Jean Claude Micallef. The Court was presided over by Magistrate Marse-Ann Farrugia. - [Tables and chairs or parking spaces? That is the question](https://www.mifsudadvocates.com.mt/tables-and-chairs-or-parking-spaces-that-is-the-question/) - The Administrative Review Tribunal held that the Lands Authority has a right to refuse the request from a restaurant to place tables and chairs on the pavement regardless of the fact that only metres away other other catering establishments with table and chairs on the pavement. - [Extra works must be paid for](https://www.mifsudadvocates.com.mt/extra-works-must-be-paid-for/) - The Court of Appeal ruled that a contractor must be paid for extra works carried out. This was held on 31 October, 2016 in Saviour Camilleri v Joseph Falzon et. - [Extension of contract means an increase in payment](https://www.mifsudadvocates.com.mt/extension-of-contract-means-an-increase-in-payment/) - The Court of Appeal ruled that even though there is a fixed price contract, if there is an extension of the service, then the contractor would be justified to make it more than that agreed. - [Exercising Visitation Rights in COVID-19 Times](https://www.mifsudadvocates.com.mt/exercising-visitation-rights-in-covid-19-times/) - COVID-19 has put a strain on many aspects of our daily lives. It has put additional pressure on already difficult situations as when a parents have visitation rights of his/her children. Apart from the emotional side, there are legal aspects that we shall attempt to give an insight in this short write-up. - [Evidence cannot be produced in submissions](https://www.mifsudadvocates.com.mt/evidence-cannot-be-produced-in-submissions/) - The Court held that no new evidence can be produced at the submissions stage of a lawsuit. This was pointed out in a judgement delivered by Mr Justice Joseph Zammit McKeon in Martin Cassano -v- Alessandro sive Sandro Cassano on 14 July 2016. - [Eviction request: Appeals should be filed within the time prescribed by law](https://www.mifsudadvocates.com.mt/eviction-request-appeals-should-be-filed-within-the-time-prescribed-by-law/) - The Constitutional Court composed on the Chief Justice, Silvio Camilleri and the Justices Giannino Caruana Demajo and Noel Cuschieri turned down an appeal from a partial judgement since it was filed beyond the obligatory 20 days. This was held in on 27 May 2016 Dr Cedric Mifsud and Dr Michael Camilleri as special mandatories of Nazzareno Bezzina, Joseph Bezzina, Catherine Avero, George Bezzina, Angelo Bezzina heirs of the Bartolomeo and Giuseppa Bezzina –v- Andrew and Theresa sive Azzopardi. - [Authority cannot notify non-existent company](https://www.mifsudadvocates.com.mt/authority-cannot-notify-non-existent-company/) - The Lands Department was correct to notify the person occupying a property, since the company which was the tenant, was struck off. This was held in a judgement delivered by the Court of Appeal on 22 November 2023 in Joseph Brown vs Lands Authority. The Court was presided over by Mr Justice Lawrence Mintoff. - [Av Ian Barbara discusses the main principles of debt collection](https://www.mifsudadvocates.com.mt/av-ian-barbara-discusses-the-main-principles-of-debt-collection/) - On the 17th November 2023, Av Ian Barbara participated in an interview on the programme "Gimgha b'Gimgha", whereby he discussed the main principles of debt collection. Av Barbara explains how there are instances wherein a service is rendered, or goods are sold to third parties, but remain unpaid. Under these circumstances, there are various legal - [Eviction cannot be blocked by the Court, if it has already been carried out](https://www.mifsudadvocates.com.mt/eviction-cannot-be-blocked-by-the-court-if-it-has-already-been-carried-out/) - The First Hall of the Civil Court turned down a request to issue a warrant of prohibitory injunction to block an eviction, when the court marshals had already changed the locks and deposited the keys in court. This was decided by Mr Justice Lawrence Mintoff in Cecil Herbet Jones -v- Charles and Mares Dolores Grech on 29 August, 2017. - [Every EU State must apply directives in conformity with the individual EU member state’s law](https://www.mifsudadvocates.com.mt/every-eu-state-must-apply-directives-in-conformity-with-the-individual-eu-member-states-law/) - When the Maltese Parliament transposes a Directive in the Enforcement of Intellectual Property Rights (Regulation) Act, its application must be in conformity with the Maltese law. This was held by Mr Justice Mark Chetcuti on 26 June, 2017 in Dr Luigi Sansone as special mandatory of United States Polo Association -v- Corporate Trading Limited. - [Constitutional proceedings can be initiated if there’s no effective and adequate remedy](https://www.mifsudadvocates.com.mt/evaluation-of-appeal-is-required-to-determine-which-declarations-are-res-judicata/) - This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction. - [European arrest warrants are based on mutual trust among EU states](https://www.mifsudadvocates.com.mt/european-arrest-warrants-are-based-on-mutual-trust-among-eu-states/) - European Arrests Warrants system within the European Union is based on the mutual trust that the judicial authorities have with one another. This held in a Court of Criminal Appeal judgement delivered by Mr Justice Aaron Bugeja in The Police -v- Marek Drga, delivered on 6 August 2021. - [Enforcement of foreign tax claims is based on reciprocal EU co-operation](https://www.mifsudadvocates.com.mt/enforcement-of-foreign-tax-claims-is-based-on-reciprocal-eu-co-operation/) - The enforcement and the collection of taxes for EU member states is based on reciprocal co-operation between the EU states. This was held in a judgement delivered on 4 March 2022 by the First Hall of the Civil Courts presided by Mr Justice Christian Falzon Scerri in Kummissarju tat-Taxxi -v- Ricardo Diaz Fernandez. - [Cruelty in marriage has its consequences](https://www.mifsudadvocates.com.mt/cruelty-in-marriage-has-its-consequences/) - Proved physical and psychological violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions. This was held by the Family Section of the Civil Court presided by Judge Abigail Lofaro on 7 July 2020 in a case ABC -v- DE. The plaintiff, a 71-year-old, submitted in his application that he got married to the defendant, 20 years his junior, in April 2015. He complained that he suffered from physical and psychological violence from the defendant, so much so she was evicted from the matrimonial home, following a number of police reports. He therefore, asked the Court to declare the separation of both of them. The Plaintiff filed an affidavit explaining that he had met the defendant in 2011, when she was on holiday in Malta and from there blossomed a relationship, where he visited her country of Slovenia a number of times. The plaintiff had no interest to marry, but the defendant insisted that they do and she put constant pressure on him. He realised that he could not get rid of her and felt afraid of her. - [Criminal liability can only be imposed if the formal and material conditions exist concurrently](https://www.mifsudadvocates.com.mt/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 be held criminally liable. - [Criminal inconvenience must be grave, continuous and intense](https://www.mifsudadvocates.com.mt/criminal-inconvenience-must-be-grave-continuous-and-intense/) - Usta was accused of operating a loud speaker, gramophone, amplifier etc and causing a nuisance to a neighbour. The Magistrates in July 2017 found the accused guilty of the charge and fined him €55. Usta appealed this judgement. - [Additional emissions from vessels to be monitored and reported](https://www.mifsudadvocates.com.mt/additional-emissions-from-vessels-to-be-monitored-and-reported/) - Shipping companies will be obliged to monitor and report additional greenhouse gas emissions emerging from its vessels from 01st January 2024. - [Covid-19 and Directors’ Obligations](https://www.mifsudadvocates.com.mt/covid-19-and-directors-obligations/) - COVID-19 has created chaos across the board. Everyone has had to learn how to adapt in the circumstances and this has presented a number of challenges. Apart from the daily life disruption, the pandemic has increased the stress on a number of businesses. Very few have sailed by unaffected and even those which faced a minimal or negligible impact have had to ensure that they are on the look out for any changes that have to be integrated. - [COVID 19 Legal Notice suspending liquidation of companies should be repealed](https://www.mifsudadvocates.com.mt/covid-19-legal-notice-suspending-liquidation-of-companies-should-be-repealed/) - The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had suspended the winding up of companies as part of the pandemic measures taken. This was held in Avv. Cedric Mifsud a nom u in rapprezentanza ta’ Commercial Aviation Services LLC -v- HI FLY Limited decided on 9 May 2022 by the Civil Court (Commercial Section). The Court was presided by Mr Justice Ian Spiteri Bailey. - [COVID 19 Criminal Offences](https://www.mifsudadvocates.com.mt/covid-19-criminal-offences/) - The COVID 19 pandemic has brought about a number of restrictions to our daily lives. This has been done to ensure our own safety from the Corona Virus, which has taken thousands of lives worldwide. The Superintendent of Public Health has given a number of orders ranging from orders relating to public gatherings to closure of non-essential establishments. In order to ensure that these orders are observed, new legislation has introduced new offences against anyone who disobeys these orders. - [COVID 19 and its Impact on the Maltese Economy](https://www.mifsudadvocates.com.mt/covid-19-and-its-impact-on-the-maltese-economy/) - As the far-reaching impact of COVID-19 is felt around the world, society at large is still coming to terms with the fact that the implications of this pandemic go beyond the direct effect on our health, but that unfortunately it will also leave an impact on our economy. - [Av Paul Radmilli discusses the subject of maintenance owed to children and spouses](https://www.mifsudadvocates.com.mt/av-paul-radmilli-discusses-the-subject-of-maintenance-owed-to-children-and-spouses/) - Av Paul Radmilli was invited on the programme Gimgha b'Gimgha to discuss various issues in relation to maintenance. During the programme of the 26th October 2023, Av Radmilli delved into the difference between the legal obligation to pay maintenance to children as opposed to spouses. He also touched upon the legal principles upon which maintenance - [Introduction of the Employment Agencies Regulations](https://www.mifsudadvocates.com.mt/introduction-of-the-employment-agencies-regulations/) - Employment Agencies Regulations, 2023 The new Employment Agencies Regulations were published on the 23rd November 2023 through Legal Notice 270 of 2023. These Regulations will come into force on the 1st April 2024 and shall effectively repeal the previous Employment Agencies Regulations (Subsidiary Legislation 594.18) on the same day as published through Legal Notice 271 - [Courts must take into consideration all documents when deciding](https://www.mifsudadvocates.com.mt/courts-must-take-into-consideration-all-documents-when-deciding/) - Courts and administrative tribunals must take into consideration all the documents it has before it when finalizing its decision. - [Court will use principle of proportionality to determine whether a party can appeal a judgement in parte](https://www.mifsudadvocates.com.mt/court-will-use-principle-of-proportionality-to-determine-whether-a-party-can-appeal-a-judgement-in-parte/) - The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer economic prejudice should the appeal not be heard immediately. - [Court will only investigate a request for a counter-warrant on a prima facie basis](https://www.mifsudadvocates.com.mt/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 order. - [Court turns down son’s request to have adoption decree revoked](https://www.mifsudadvocates.com.mt/court-turns-down-sons-request-to-have-adoption-decree-revoked/) - The First Hall of the Civil Court in its judgement (application number 1057/2013) of 14 March, 2017 held that it was not the competent Court to revoke a 1981 adoption. This was held in a court case presided by Mr Justice Silvio Meli, between a son and his natural and adoptive parents and the Director of Public Registry. - [Court turns down plea that the applicant has other remedies.](https://www.mifsudadvocates.com.mt/court-turns-down-plea-that-the-applicant-has-other-remedies/) - The First Hall of the Civil Court in its Constitutional jurisdiction turned down a plea that the applicant should first exhaust all its remedies before going before the constitutional court, since the complaint is 50 years old. This was held in Philip Cauchi, Joseph Cauchi, Margaret Gatt, Mary Frendo, Mary Rose Bugeja, Oreste Cauchi, Doris Caruana f’isimha propju u bhala prokuratrici ta’ l-assenti. Maria armla ta’ Filippu Cilia u Kummissarju ta’ l-Artijiet decided on 17 May 2016. - [Court turns down claim that sale of car was null](https://www.mifsudadvocates.com.mt/court-turns-down-claim-that-sale-of-car-was-null/) - A Court presided by Magistrate Marse-Ann Farrugia held that the defects found in a second-hand car must have been known to the buyer when he bought the car and as a result the sale was valid. This was decided on 14 December, 2016 in Emanuel Cassar -v- Stephen Farrugia. - [Court takes into consideration feast traditions](https://www.mifsudadvocates.com.mt/court-takes-into-consideration-feast-traditions/) - The Magistrates Court took into consideration the long-standing tradition that takes place in feasts and the public safety in considering criminal charges. - [Court should limit itself to claims](https://www.mifsudadvocates.com.mt/court-should-limit-itself-to-claims/) - The civil court should always follow its procedure, even if a constitutional law issue is raised. - [Court rules that articles of law need not necessarily be mentioned at the conclusion of a judgement](https://www.mifsudadvocates.com.mt/court-rules-that-articles-of-law-need-not-necessarily-be-mentioned-at-the-conclusion-of-a-judgement/) - A judgment is not null and void if the Court fails to mention all the articles of law in its conclusion, but are mentioned in other parts of the judgement. This was decided by Chief Justice Silvio Camilleri in the police -v- John Vella on 3 August, 2017. - [Court requires ‘best proof’ of the contestation of a debt alleged by a government authority](https://www.mifsudadvocates.com.mt/court-requires-best-proof-of-the-contestation-of-a-debt-alleged-by-a-government-authority/) - This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz tal-Ilma vs Ignazio Licari on the 5th March of 2018. - [Court removes parental authority from disinterested father](https://www.mifsudadvocates.com.mt/court-removes-parental-authority-from-disinterested-father/) - The Court awarded the full parental authority to a mother after it was shown that the father was disinterested in his child. This took place in a judgement delivered by Madame Justice Abigail Lofaro on 21 November 2017 in LB -v- Dr Christopher Chircop and PL L Tifigno for and on behalf of absent ADS. - [Court refuses to decide on the merits of an executive garnishee order](https://www.mifsudadvocates.com.mt/court-refuses-to-decide-on-the-merits-of-an-executive-garnishee-order/) - Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason', it has been established that a warrant can only be attacked on the basis of a mistake or error in its form on the basis of this article. - [Court protects shareholder by appointing a director on company board](https://www.mifsudadvocates.com.mt/court-protects-shareholder-by-appointing-a-director-on-company-board/) - In a bid to protect a minority shareholder, the First Hall of the Civil Courts ordered that a new director be appointed on the board of directors. This was decided in Av. Jonathan Abela Fiorentino as special mandatory of Marsoft International AS -v- Vroon Containers BV and Balticmax Holding Company Limited on 2 September 2016 by Mr Justice Joseph Zammit McKeon. - [Court Practice and Procedure - ICLG to Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/court-practice-and-procedure-iclg-to-employment-and-labour-law-2023/) - Employment-related complaints are lodged before the Industrial Tribunal. The latter has exclusive jurisdiction to hear cases instituted by employees in relation to unfair dismissal, trade disputes and other employment law disputes such as those related to discrimination, harassment and victimisation. When dealing with cases relating to conditions of employment, the Industrial Tribunal will be composed of a Chairperson. However, when tackling cases relating to industrial disputes, the Industrial Tribunal is composed of a Chairperson and two other members selected by the Chairperson of the Tribunal. - [Court Practice and Procedure - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/court-practice-and-procedure-iclg-to-employment-and-labour-law-2022/) - Employment-related complaints are lodged before the Industrial Tribunal. The latter has exclusive jurisdiction to hear cases instituted by employees in relation to unfair dismissal, trade disputes and other employment law disputes such as those related to discrimination, harassment and victimisation. When dealing with cases relating to conditions of employment, the Industrial Tribunal will be composed of a Chairperson. However, when tackling cases relating to industrial disputes, the Industrial Tribunal is composed of a Chairperson and two other members selected by the Chairperson of the Tribunal. - [Court pinpoints offence for using false card at an ATM](https://www.mifsudadvocates.com.mt/court-pinpoints-offence-for-using-false-card-at-an-atm/) - These persons were taking money directly from personal accounts of individuals who banked with Bank of Valletta. Mirica was defrauding the bank of over €5,000. - [Court outlines the essential elements needed for a judgement to be found 'res judicata'](https://www.mifsudadvocates.com.mt/court-outlines-the-essential-elements-needed-for-a-judgement-to-be-found-res-judicata/) - Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that in the case of doubt the judge should decide against this plea. - [Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation](https://www.mifsudadvocates.com.mt/court-orders-that-a-statement-cannot-be-made-use-of-by-the-prosecution-once-a-lawyer/) - Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took place, the Court ordered that the statement should not be made use of. This was held in Anna Geltrude D’Amico -v- Kummissarju tal-Pulizija u l-Avukat ta’ l-Istat decided on 29 September 2022 by Mr Justice Robert Mangion presiding over the First Hall of the Civil Court in its Constitutional Jurisdiction. - [Court of Criminal Appeal unconvinced by prosecution’s version of events](https://www.mifsudadvocates.com.mt/court-of-criminal-appeal-unconvinced-by-prosecutions-version-of-events/) - The Court of Criminal Appeal upheld an appeal lodged by former employers, claiming that it was unconvinced with the complainant’s version in her testimony. - [Court of Appeals asks Identity Malta Agency to be more humane](https://www.mifsudadvocates.com.mt/court-of-appeals-asks-identity-malta-agency-to-be-more-humane/) - The Court of Appeal criticised Identity Malta Agency for expecting an applicant of a single permit to leave Malta immediately after she gave birth and when the rest of her family lived in Malta. This was held in a judgement delivered by the Court of Appeal on 18 January 2023 in Cristina Catagatan -v- Identity Malta Agency. The Court was presided over by Mr Justice Lawrence Mintoff. - [Court of Appeal will not re-examine facts following a voluntary arbitration](https://www.mifsudadvocates.com.mt/court-of-appeal-will-not-re-examine-facts-following-a-voluntary-arbitration/) - Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one. - [Court must limit itself to the ground for liquidation proposed by the plaintiff](https://www.mifsudadvocates.com.mt/court-must-limit-itself-to-the-ground-for-liquidation-proposed-by-the-plaintiff/) - If a plaintiff is unsuccessful in proving a ground invoked in liquidation proceedings, the court cannot presume that there are other grounds. This was decided in a judgement delivered by Mr Justice Joseph Zammit McKeon on 16 February, 2016 in The Catering Centre Limited -v- Entertainment Limited. - [Court must be morally convinced charges admitted to actually exist](https://www.mifsudadvocates.com.mt/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 Appeal on 1 July 2022 in The Police -v- George-Cristian Mandrescu. The Court was presided over by Judge Edwina Grima. - [Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case](https://www.mifsudadvocates.com.mt/court-may-suspend-proceedings-if-court-of-appeal-is-to-decide-on-the-same-merits-in-another-case/) - If the same parties to a case, are before the Court of Appeal, then the Court of first instance of another case which is identical, may be suspended in order for the Court in the second case see what the judgement of the appeal say. This was held in Roger Borg et -v- Matthew Borg et decided by Mr Justice Toni Abela presiding over the First Hall of the Civil Courts on 2 May 2023. - [Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously](https://www.mifsudadvocates.com.mt/court-may-revoke-a-precautionary-warrant-and-order-the-payment-of-damages-if-filed-vexatiously/) - The right to the remedies created by law cease where the abuse of such rights begin... whoever acts in bad faith should be condemned to pay damages. - [Court may not be competent to hear a counter-claim due to the sum claimed](https://www.mifsudadvocates.com.mt/court-may-not-be-competent-to-hear-a-counter-claim-due-to-the-sum-claimed/) - A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear cases. - [Court may accept declarations made by deceased witness](https://www.mifsudadvocates.com.mt/court-may-accept-declarations-made-by-deceased-witness/) - The Court may accept, in the interest of justice, an affidavit prepared by a witness who passed away. This was held in a decree delivered in Av Paul Micallef Grimaud noe -v- Venta Invest & Trade Limited et on 20 March 2023 by Mr Justice Ian Spiteri Bailey in the First Hall of the Civil Court. - [Court lists elements to find accused guilty of fraud](https://www.mifsudadvocates.com.mt/court-lists-elements-to-find-accused-guilty-of-fraud/) - The Magistrates Court in Gozo found Victor Camilleri guilty of fraud, misappropriation and falsification after it analysed in details the elements of each of the charges brought against him. Magistrate Dr Joseph Mifsud delivered his judgement on 21 July 2016 in Pulizija v Victor Camilleri. - [Court is limited to its competency](https://www.mifsudadvocates.com.mt/court-is-limited-to-its-competency/) - The Magistrates’ Court may award damages limited to it the amount it is competent to award, even though the damages may be of a higher amount the Court of Appeal upheld. - [Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant](https://www.mifsudadvocates.com.mt/court-highlights-importance-of-accuracy-on-charge-sheet-in-criminal-proceedings/) - The charge sheet presented by the police in criminal charges, as described in Section 360(2) of the Criminal Code, should contain a clear and accurate representation of the facts of the charge “together with such particulars as to time and place as it may be necessary or practicable to give’’. - [Court has wide powers to appoint company administrator](https://www.mifsudadvocates.com.mt/court-has-wide-powers-to-appoint-company-administrator/) - The Companies Act allows the Court to have a wide discretion to appoint administers of companies in liquidation. This was held in a judgement delivered by the First Hall of the Civil Courts, presided by Mr Justice Joseph Zammit McKeon on 6 May 20202 in a case, HSBC Bank Malta plc -v- The Golden Shepherd Group Limited. HSBC filed an application to the court asking the court to appoint an administer in terms of Article 228 of the Companies Act in the stead of the current director Dr Frank Portelli. - [Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion](https://www.mifsudadvocates.com.mt/court-has-final-say-on-whether-bodily-harm-was-grievous-or-not-regardless-of-doctors-medical-opinion/) - The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye was injured but no permanent damage or scars were caused. - [Court explains elements of Article 495A](https://www.mifsudadvocates.com.mt/court-explains-elements-of-article-495a/) - The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et vs Abela Fiorella, heard on the 30th of April 2018. - [Court does not give weight to government rent subsidy in deciding rent increases](https://www.mifsudadvocates.com.mt/court-does-not-give-weight-to-government-rent-subsidy-in-deciding-rent-increases/) - The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent. This was held by the Court of Appeal on 23 June 2021 in Albert Naudi et -v- Patricia Gauci and Awtorita tad-Djar. The Court of appeal was presided by Mr Justice Lawrence Mintoff. - [Court does not accept clauses that hide an elevated interest rate on loan](https://www.mifsudadvocates.com.mt/court-does-not-accept-clauses-that-hide-an-elevated-interest-rate-on-loan/) - The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted. - [Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession](https://www.mifsudadvocates.com.mt/court-denies-that-man-who-was-passed-a-bag-of-drugs-by-girlfriend-was-guilty-of-possession/) - In order for a person to be found guilty of possession of drugs found in the Dangerous Drugs Ordinance, the law requires the element of intention and free will in the manifestation of the material element of the crime. This was held by Magistrate Natasha Galea Sciberras in the case of The Police vs Redeemer Theuma on the 25th of April 2018, where the Court stated that the defendant could not be found guilty of possession of drugs because the drugs were not his nor did he intend to have them on his person. - [Court declares that mistake was no mistake](https://www.mifsudadvocates.com.mt/court-declares-that-mistake-was-no-mistake/) - The Court of Appeal held that from the evidence produced and the agreements signed, a former shareholder had correctly paid a bank loan, although he believed he should not have. This was decided by Mr Justice Anthony Ellul in Patrick Cutajar -v- Mario Vella on 16 December, 2016. - [Court costs may be apportioned amongst the parties](https://www.mifsudadvocates.com.mt/court-costs-may-be-apportioned-amongst-the-parties/) - The Court may apportion the court costs of a case to both parties and not necessarily to the party that lost the case. - [Court corrects child’s surname](https://www.mifsudadvocates.com.mt/court-corrects-childs-surname/) - A Magistrate’s Court in Gozo allowed that a child’s surname be changed in order to reflect those of the parents. In was decided in Yunis Alex Tramboo and his wife Christabel Tramboo Galea -v- Director of Public Registry in Gozo by Magistrate Joanne Vella Cuschieri on 14 June, 2016. - [Court confirms revocation of pension and refund of pensionable funds](https://www.mifsudadvocates.com.mt/court-confirms-revocation-of-pension-and-refund-of-pensionable-funds/) - The Director General has the responsibility to decide to revoke a pension and demand a refund of pensionable funds when the beneficiary of the pension has a capital sum of more than EUR 14,000 in his possession. - [Court cases cannot be repeated only if they are identical](https://www.mifsudadvocates.com.mt/court-cases-cannot-be-repeated-only-if-they-are-identical/) - The parties to a case cannot file another action if they are identical. This was held in Malta Association of Professional Engineers v Bord tal-Professjoni tal-Inġinerija et on 26 April 2022, by the First Hall of the Civil Court presided by Mr. Justice Robert Mangion. - [Court awards sum of wages owed to employee although employment contract was not in writing](https://www.mifsudadvocates.com.mt/court-awards-sum-of-wages-owed-to-employee-although-employment-contract-was-not-in-writing/) - An employment contract is not one which is enlisted in Article 1233 which outlines contracts must be in writing on pain of nullity. - [Court awards damages following works in adjacent property](https://www.mifsudadvocates.com.mt/court-awards-damages-following-works-in-adjacent-property/) - The Court concluded that once the damages were caused, the contractors who carried out the excavations were not competent in their job and therefore, should be responsible according to Article 1037 of the Civil Code. - [Court accepts and explains defence of provocation](https://www.mifsudadvocates.com.mt/court-accepts-and-explains-defence-of-provocation/) - The Court of Criminal Appeal overturned a conviction of a mother, since the CCTV footage of an incident with her sons, are not compatible with their account of what took place by her children. This was held in a judgement delivered in a case Pulizija -v- Omissis (the Court banned the names of the parties) on 14 May 2020. The Court was presided by Madame Justice Consuelo Scerri Herrera. The mother was found guilty of causing slight bodily harm to her two sons in August 2017. The Magistrates Court awarded her a two-month conditional discharge, however, she appealed the judgement on the grounds that the judgement was null and void and that the lower court did not carry out a proper evaluation of the facts of the case. - [Couple responsible for damages irrespective of subsequent separation](https://www.mifsudadvocates.com.mt/couple-responsible-for-damages-irrespective-of-subsequent-separation/) - A married couple are jointly responsible for damages caused to another property, if at the time, it formed part of their community of acquests, even though they subsequently separated. This was explained in a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah Frendo and Chaudreamani Sah -v- Paul Cremona and Olena Volodymyrivna Caurana Verbytska. The plaintiffs filed an application before the Small Claims Tribunal after claiming damages amounting to €3,366.67, which was caused by blocked drains, allowing rain water to enter their property. - [Country to The Hague Convention is a stumbling block for children to travel](https://www.mifsudadvocates.com.mt/country-to-the-hague-convention-is-a-stumbling-block-for-children-to-travel/) - If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child Abduction, the other parent may not be reunited with the child, if the parent decides not to return to Malta. - [Correct notification is essential for EU tax enforcement procedure](https://www.mifsudadvocates.com.mt/correct-notification-is-essential-for-eu-tax-enforcement-procedure/) - A Court revoked an enforcement decree after it was discovered that the decree was issued before the subject of the decree was notified correctly. This was decided in a judgement delivered by Mr Justice Lawrence Mintoff on 6 June, 2016 in Ricky Alan Reeves -v- Inland Revenue Commissioner. - [Contracts obtained by fraud must be of a serious nature](https://www.mifsudadvocates.com.mt/contracts-obtained-by-fraud-must-be-of-a-serious-nature/) - When one alleged that a contract was obtained by fraud, then that party must prove that the fraud is of a serious nature, which is detrimental to the conclusion of the contract. This was held in Emanuela sive Nathalie Vella -v- Carmelo sive Karl Catania on 30 June 2021 by Madame Justice Anna Felice presiding the First Hall of the Civil Court. - [Contractors remain responsible even though the works have been accepted](https://www.mifsudadvocates.com.mt/contractors-remain-responsible-even-though-the-works-have-been-accepted/) - When a contractor finishes the works he or she was engaged to carry out, he/she will be still responsible even if the works have been accepted and paid. This was held in Aldo Vella and Sandra Vella -v- Quadrant Limited and Woodlands Investment Limited decided on 9 December 2021 by the First Hall of the Civil Court presided over by Mr Justice Grazio Mercieca. - [Contractor must pay for work carried out](https://www.mifsudadvocates.com.mt/contractor-must-pay-for-work-carried-out/) - The general principle of contract of works is that if the works are carried out, then payment must be affected. This was held by Mr Justice Lawrence Mintoff presiding over the Court of Appeal in Crystal Clean Limited -v- Apparea Limited decided on 14 September 2022. - [Contractor has to make good for damage to State and private property](https://www.mifsudadvocates.com.mt/contractor-has-to-make-good-for-damage-to-state-and-private-property/) - In Mary Buttigieg et -vs- John Polidano et delivered on 27 May, 2016, the Court of Appeal overturned the decision of the First Hall of the Civil Court and held that when damages are caused to an adjacent tenement due to demolition works, then the contractor, the architect and the owner of the tenement in which works are being carried out are to be held jointly and severally liable. - [Constructive dismissal takes place when employee is forced to resign against his will](https://www.mifsudadvocates.com.mt/constructive-dismissal-takes-place-when-employee-is-forced-to-resign-against-his-will/) - When an employee resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal. This was held in a decision delivered by the Industrial Tribunal chaired by Mr Joseph Gerada on 7 May 2021 Doreen Saliba -v- Foster Clark Products Limited. - [Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums](https://www.mifsudadvocates.com.mt/constitutional-court-confirms-unjust-nature-of-band-club-rental-laws-raises-compensation-sums/) - This case was an appeal by the defendants who held that the decision taken by both the First Hall Civil Court as well as the Court of Appeal contained deficiencies both on the consideration of merits and procedure. - [Confusion in products is unfair competition](https://www.mifsudadvocates.com.mt/confusion-in-products-is-unfair-competition/) - The fact that one gas distributor also filled the gas cylinders of competitors caused confusion to consumers and therefore constituted unfair competition. This was decided by Mr Justice Mark Chetcuti in a judgement in Liquigas Malta Limited -v- William Mifsud, Jason Mifsud and Easygas Malta Limited. - [Conflicting evidence leads to judgement confirmation](https://www.mifsudadvocates.com.mt/conflicting-evidence-leads-to-judgment-confirmation/) - An application for a retrial was turned down because the applicant failed to prove that he was not notified of proceedings. This was decided by Magistrate Gabriella Vella in Angelo Aquilina -v- Eurofreight Services Limited on 20 February, 2017. - [Suspension of court case in order to wait for another court case is exceptional](https://www.mifsudadvocates.com.mt/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 provided in the law and is used in exceptional cases. This was held in No Deposit Cars Malta Limited -v- Ina Gherghel and Gosmin Paul Gherghel decided on 1 November 2021 by the Magistrates Court presided by Magistrate Dr Rachel Montebello. - [Suspended sentence cannot be awarded in certain circumstances](https://www.mifsudadvocates.com.mt/suspended-sentence-cannot-be-awarded-in-certain-circumstances/) - The Court of Criminal Appeal switched the punishment of a person who was first awarded a suspended sentence, since this was not permitted at law. This was held in a judgment on 2 June 2020 by Madame Justice Consuelo Scerri Herrera in Il-Pulizija -v- Rodrick Zahra and Ruth Spiteri. The two accused were charged for a number of thefts of gas cylinders in 2017 in various localities in Malta. Spiteri was also charged on breaching a conditional discharge given in a previous judgment in terms of Article 22 of the Probation Act. - [Surname change from foreign ‘deed poll’ effected in Malta subject to proof](https://www.mifsudadvocates.com.mt/surname-change-from-foreign-deed-poll-effected-in-malta-subject-to-proof/) - Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to allow the abandoning of a surname in exchange for another. - [Summary dismissal of employees is the exception not the rule](https://www.mifsudadvocates.com.mt/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. - [Structural alternatives in rented properties do not necessarily result in termination of the lease](https://www.mifsudadvocates.com.mt/structural-alternatives-in-rented-properties-do-not-necessarily-result-in-termination-of-the-lease/) - Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated. - [Strong evidence required to prove a right](https://www.mifsudadvocates.com.mt/strong-evidence-required-to-prove-a-right/) - A Court held in a judgement that in order for someone to claim a right of property, there must be strong evidence to back the claim. This was decided in a judgement handed down on 7 December, 2016, in Lawrence and Maria Dolores Gauci -v- the Director General of Lands and the Commissioner of Lands and the Joint Office. - [Strict interpretation of the law when challenging a judge](https://www.mifsudadvocates.com.mt/strict-interpretation-of-the-law-when-challenging-a-judge/) - The court must interpret the law on the recusal of a judge strictly. This was held in a judgement in Mary Grace D’Amato -v- Luqa D’Amato et, delivered on 23 March 2023 by the First Hall of the Civil Courts presided by Mr Justice Robert Mangion. - [Steel Projects Limited vs Avantgarde Projects Limited](https://www.mifsudadvocates.com.mt/steel-projects-limited-vs-avantgarde-projects-limited/) - Mr Justice Joseph R. Micallef in the case Steel Projects Limited - vs - Avantgarde Projects Limited, found on October 25, 2016, the defendant liable to pay the sum of €71,521.70 to the plaintiff. This was due to the latter for works sub-contracted to it by the defendant company. - [Special circumstances may help to change punishments](https://www.mifsudadvocates.com.mt/special-circumstances-may-help-to-change-punishments/) - When the accused admits to charges, the Court of Criminal Appeal may change the punishment only if it finds an error when the sentence is given. This was held in a judgement delivered by the Court of Criminal Appeal on 22 December 2021 in Il-Pulizija -v- Firas Ale and Muhamed Teqer. The Court was presided by Judge Consuelo Scerri Herrera. - [Best interest of minors should prevail](https://www.mifsudadvocates.com.mt/best-interest-of-minors-should-prevail/) - The concept of best interest of a minor should prevail in situations of care, custody, access and maintenance. This was held in a judgment delivered by the Civil Court (Family Section) in SZ vs LE, presided over by Justice Jacqueline Padovani Grima on 8 November 2023. - [Globally, governments are taking measures to lessen pressures on over-stretched court systems](https://www.mifsudadvocates.com.mt/globally-governments-are-taking-measures-to-lessen-pressures-on-over-stretched-court-systems/) - Malta is a small country with a population of 500,000. Recently, a newspaper reported that there are slightly over 15,000 pending court cases in Malta. - [Appeals from Industrial Tribunal should be only on points of law](https://www.mifsudadvocates.com.mt/appeals-from-industrial-tribunal-should-be-only-on-points-of-law/) - The Court of Appeal annulled an appeal on the ground that the appeal was dealing with the merits of the case and not on a point of law. This was held in Robert Dimech vs Air Malta plc on 1 November 2023 by the Court of Appeal, presided by Mr Justice Lawrence Mintoff. - [Social Security in Malta](https://www.mifsudadvocates.com.mt/social-security-in-malta/) - Considering the publication on 11/03/2017 of French Decree 2017-307 of 09/03/2017, here are a few points for which Malta can be a solution to the issues raised by that Decree. In short, the French Decree imposes the affiliation to the French social security system, ONLY for French resident (not nationals) crewmembers working on yachts not covered by EU legislation or an international social security agreement. - [Small Claims Tribunal decision overturned](https://www.mifsudadvocates.com.mt/small-claims-tribunal-decision-overturned/) - The Court of Appeal in its Inferior Jurisdiction on 29 July, 2016 overturned a decision of the Small Claims Tribunal in the case Baldacchino et noe vs Ellul. In the appeal judgement the latter was ordered to pay the sum due to Baldacchino Aluminium Works for works carried out in his place, despite claims that the works were not carried out in terms of the required skill, art and profession. - [Slanderous words written on social media no longer constitute a criminal offence](https://www.mifsudadvocates.com.mt/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 cannot be considered a criminal offence for the purposes of the Media and Defamation Act. - [Six-month period on unjust administrative decision cannot be interrupted or suspended](https://www.mifsudadvocates.com.mt/six-month-period-on-unjust-administrative-decision-cannot-be-interrupted-or-suspended/) - Plaintiff claimed that the administrative decision leading to the termination of his employment went against principles of natural justice. - [Shareholders may sue other shareholders for damages only in certain circumstances](https://www.mifsudadvocates.com.mt/shareholders-may-sue-other-shareholders-for-damages-only-in-certain-circumstances/) - Shareholders may take action against other shareholders only when it is impossible that the company will take action itself. This was held in a judgement delivered by the Civil Court (Commercial Section) presided by Mr Justice Ian Spiteri Bailey on 13 May 2022 in Ingrid Fiorini -v- Anna Zerafa and Josianne Miceli. - [Serious lack of maintenance of rented premises may bring about eviction](https://www.mifsudadvocates.com.mt/serious-lack-of-maintenance-of-rented-premises-may-bring-about-eviction/) - When a tenant fails to perform maintenance, which leads to serious damage to the rented property, then the tenant may be evicted from that property. This was held by Magistrate Josette Demicoli, who presided the Rent Regulation Board sitting in Joseph and Frances Barbara -v- Maria Concetta Mifsud. The judgement was delivered on 15 September, 2017. - [Shareholder may sue directors of struck-off company only on personal rights](https://www.mifsudadvocates.com.mt/shareholder-may-sue-directors-of-struck-off-company-only-on-personal-rights/) - A shareholder of a company which is now struck off the Companies Register is allowed to sue directly the former directors, as long as the claim refers to the shareholder’s personal right. This was held by the Court of Appeal in Ingrid Fiorini -v- Anna Zerafa and Josianne Miceli decided on 14 December 2022. - [Sentencing an under-aged person must be done with care](https://www.mifsudadvocates.com.mt/sentencing-an-under-aged-person-must-be-done-with-care/) - The Magistrates Court in its criminal jurisdiction held that when a youth is being sentenced, the court must be careful to not criminalise that youth. This was decided by Magistrate Dr Joseph Mifsud in the police -v- Omissis (name not being published) decided on 2 September, 2017 - [Seller has to pay for latent defects](https://www.mifsudadvocates.com.mt/seller-has-to-pay-for-latent-defects/) - Mr Justice Joseph R. Micallef in his judgement Spillane – vs – Gatt of 4th August, 2016, found the defendant responsible for paying damages together with the difference in price of the total amount paid by Spillane for an apartment. This is because the apartment sold by Gatt to Spillane suffered from latent defects at the time when the contract was concluded. - [Second wife of a few months is entitled to reserved portion after the death of the husband](https://www.mifsudadvocates.com.mt/second-wife-of-a-few-months-is-entitled-to-reserved-portion-after-the-death-of-the-husband/) - The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion. This was held in a judgement in the names of Claudette Camilleri -v- Christopher u Sven ahwa Camilleri et, decided on 22 April 2021 by the First Hall of the Civil Court presided over by Madame Justice Joanne Vella Cuschieri. - [Returning to the workplace after COVID-19 - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/returning-to-the-workplace-after-covid-19-iclg-to-employment-and-labour-law-2022/) - Employers may not oblige employees to get vaccinated against COVID-19 as a requirement to access the workplace. Given that it is not a legal obligation for an individual to get vaccinated against COVID-19, it is understood that likewise an employer may not impose such an obligation on his employees, in the same manner in which an employer may not oblige an employee to take any other form of vaccination. However, other policies may be adopted at the workplace to ensure the health and safety of the employees. - [Endorsed bills of exchange have to be paid irrespective of underlying obligations](https://www.mifsudadvocates.com.mt/endorsed-bills-of-exchange-have-to-be-paid-irrespective-of-underlying-obligations/) - The law makes a difference between endorsed bills of exchange and those which are not endorsed. This was held in a judgement delivered by Mr Justice Robert Mangion on 1 September 2020 in Western Company Limited -v- Spiridione Muscat. - [Retrial proceedings should not serve as a means of a further appeal](https://www.mifsudadvocates.com.mt/retrial-proceedings-should-not-serve-as-a-means-of-a-further-appeal/) - In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe handed down by the Civil Court (Family section) the Court upheld the argument that a retrial can only be granted in exceptional circumstances and this mechanism in the law cannot be used as a means of obtaining a further stage of appeal. - [Residential leased property must be lived in](https://www.mifsudadvocates.com.mt/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 by the Rent Regulation Board on 26 March 2019 in Anna Maria Falzon, Josephine Borg, Raymond Borg and Carmel Borg -v- Paul Sant, Felica Sant and Miriam Sant. - [Reputation issues may be reason to allow a liquidation of a company](https://www.mifsudadvocates.com.mt/reputation-issues-may-be-reason-to-allow-a-liquidation-of-a-company/) - The Reputation of fellow shareholders may be considered as a grave circumstance which would allow the Court to order the liquidation of the company. This was held in Oliver Mallia -v- Cinebiss Limited et decided by Mr Justice Ian Spiteri Bailey, presiding over the Civil Court in its commercial jurisdiction, on 13 May 2022. - [Representation must be proven](https://www.mifsudadvocates.com.mt/representation-must-be-proven/) - Those who claim to represent a party in a lawsuit have to prove their representation. This was held in Dr Michelle Tabone on behalf of the Archbishop as the Administrator of the Ecclesiastical Diocese of Malta and the Dar tal-Providenza and on behalf of the Carmelite Order of Malta -v- Joseph Sultana. The judgement was delivered on 18 April 2023 by the First Hall of the Civil Court presided by Mr Justice Toni Abela. - [Representation in a contract must be indicated](https://www.mifsudadvocates.com.mt/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. - [Rent Regulation Board, not the courts, is competent to hear all cases concerning rent](https://www.mifsudadvocates.com.mt/rent-regulation-board-not-the-courts-is-competent-to-hear-all-cases-concerning-rent/) - The First Hall of the Civil Court referred a case to the Rent Regulation Board after it decided that it was not competent to hear cases concerning rent issues even if the lease was terminated. This was a judgement delivered on 30 November 2017 by Madame Justice Lorraine Schembri Orland in Joseph Sammut v Liliana Jalil. - [Refund of deposit takes place when promise of sale expires](https://www.mifsudadvocates.com.mt/refund-of-deposit-takes-place-when-promise-of-sale-expires/) - The Court ordered that a deposit paid on a promise of sale of a property be refunded not because of a breach of the agreement but because the agreement expired. This was held in a judgement delivered by Mr Justice Silvio Meli on 17 April 2018 in Deborah Lia v Angelo Zahra. - [Reasonable time in criminal proceedings, is without delay](https://www.mifsudadvocates.com.mt/reasonable-time-in-criminal-proceedings-is-without-delay/) - There is a distinction between civil and criminal proceedings when analysing whether the case took a reasonable time because, in criminal proceedings there may be a loss of liberty. This was held in a constitutional judgement delivered by the First Hall of the Civil Courts on 13 April 2021 presided by Madame Justice Anna Felice in Noel Xuereb -v- Avukat Ġenerali u il-Kummissarju tal-Pulizija. - [Re-discussing an agreement does not terminate that agreement](https://www.mifsudadvocates.com.mt/re-discussing-an-agreement-does-not-terminate-that-agreement/) - If one party to agreement wants to re-discuss any terms, the agreement is still valid at law. This was decided by the Court of Appeal presided by Mr Justice Lawrence Mintoff on 2 September 2020 in Nazzareno Fenech -v- Sammy Ellul eżerċitanti l-kummerċ bħala Ellul Classic Design Woodworks Limited. - [Quasi-contract services do not preclude lack of compensation](https://www.mifsudadvocates.com.mt/quasi-contract-services-do-not-preclude-lack-of-compensation/) - Services rendered to an aunt by her niece are to be compensated for, even if small amounts of payment were already made by the latter to cover certain expenses. This was decided by Judge Joseph R. Micallef on the 11th April 2017 in Mary Briffa vs. Consiglia Abdilla. - [Protecting Business Interests Following Termination - ICLG to Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/protecting-business-interests-following-termination-iclg-to-employment-and-labour-law-2023/) - Restrictive covenants such as non-compete and non-solicitation clauses are not regulated by Maltese law. The recognition of such clauses by Maltese courts is limited in nature and jurisprudence has held that such clauses may only be enforced if their applicability is proportional in nature. - [Property not forfeited in favour of government when not of criminal origin](https://www.mifsudadvocates.com.mt/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 a regular employment with remuneration and this further proved that the moneys were not a result of the crime committed. - [Property is deemed to be commercial if complimentary to the principle place of business](https://www.mifsudadvocates.com.mt/property-is-deemed-to-be-commercial-if-complimentary-to-the-principle-place-of-business/) - The Rent Regulation Board presided by Magistrate Dr Monica Vella held that a property which is complimentary to the principle place of business cannot be deemed to be not in use. This was held in Adelaide Ellul et –v- Alfred and Josephine Cassar on 16 June 2016. - [Property above and below land belongs to the landowner](https://www.mifsudadvocates.com.mt/property-above-and-below-land-belongs-to-the-landowner/) - The First Hall of the Civil Court decided on 26 April, 2017 that any property used under or above an immovable property belongs to the owner. The judgement was delivered by Mr Justice Joseph Azzopardi in John Cachia and his wife Maria Cachia v Emmdor Limited, Emmanuel Vassallo and Mary Vassallo. - [Prohibitory injunction upheld only if it protects a right](https://www.mifsudadvocates.com.mt/prohibitory-injunction-upheld-only-if-it-protects-a-right/) - The First Hall of the Civil Court indicated that a warrant of prohibitory injunction is upheld only if it protects a right. This was held in Dr Johann Craus v Kummissjoni għas-Servizz Pubbliku u Segretarju Permanenti fil-Ministeru għas-Saħħa, decided on 18 July 2018. - [Pretended rights charges borders on the civil law rights](https://www.mifsudadvocates.com.mt/pretended-rights-charges-borders-on-the-civil-law-rights/) - Although the charge of pretended rights is a crime, it is not far off from rights that emerge from civil law. This was held in Il-Pulizija -v- Paul Agius, Joseph Agius and Emanuel Agius, decided on 19 May 2021 by Magistrate Dr Donatella Frendo Dimech presiding of the Magistrates’ Court in its criminal jurisdiction. - [Prescription period starts upon last entry of the account](https://www.mifsudadvocates.com.mt/prescription-period-starts-upon-last-entry-of-the-account/) - A commercial account between two companies starts not when the order was effected but when the account is liquated. This was held in a judgement delivered on 23 March 2021 by Madam Justice Joanne Vella Cuschieri presiding of the First Hall of the Civil Court in Hal Far Quarries Limited -v- Mangion Bros (Zurrieq) Limited. - [Prescription period for compensation of works between parts, commences upon split](https://www.mifsudadvocates.com.mt/prescription-period-for-compensation-of-works-between-parts-commences-upon-split/) - The First Hall of the Civil Courts pointed out that the prescription period for compensation due to one partner for works carried out in the other partner’s property, commences when the former vacates the property and the relationship no longer exists. This was decided on 8 January 2018 in a judgement Emmanuel Balzan -v- Francelle Agius, delivered by Mr Justice Lawrence Mintoff. - [Prejudice is not a reason for a precautionary warrant to be revoked](https://www.mifsudadvocates.com.mt/prejudice-is-not-a-reason-for-a-precautionary-warrant-to-be-revoked/) - The Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced. - [Pre-existent view of adjacent property does not automatically exclude spoliation](https://www.mifsudadvocates.com.mt/pre-existent-view-of-adjacent-property-does-not-automatically-exclude-spoliation/) - This was held by Ms Justice Lorraine Schembri Orland presiding at the First Hall Civil Court in the judgement Paul Farrugia et v. Gordon Calleja decided on 28 February 2017. This case was filed by Paul and Maria Lourdes spouses Farrugia against Gordon Calleja who owns the property situated adjacent to their garden. Mr Calleja had extended his property by building a room on his airspace and installed a window in the corner of one of the walls of this room which directly overlooked the property of spouses Farrugia. - [Police must not rest on a report but investigate before issuing charges](https://www.mifsudadvocates.com.mt/police-must-not-rest-on-a-report-but-investigate-before-issuing-charges/) - The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a criminal or civil law nature. This was held by Magistrate Donatella Frendo Dimech in Il-Pulizija -v- Paul Spiteri and Dolores Spiteri. The judgement was delivered by the Magistrates’ Court on 13 January 2021. - [POAs: Mandators cannot escape liability if they cannot read Maltese or English](https://www.mifsudadvocates.com.mt/poas-mandators-cannot-escape-liability-if-they-cannot-read-maltese-or-english/) - A person who accepts another as their mandatory through a power of attorney agreement cannot escape liability by stating that they were not aware of the contents of the agreement because they were in Maltese or English, rather they should seek advice before signing the agreement. This was explained by the First Hall Civil Court presided by Hon. Mark Chetcuti in the case of Olivia Mallia vs. Inna Sergeevna Furtseva et. - [Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant](https://www.mifsudadvocates.com.mt/plaintiffs-plea-will-be-rejected-when-claims-are-not-directed-towards-proper-and-relevant-defendant/) - Plaintiffs’ plea was rejected, with an order to pay all costs, in a hearing on the 12th of March concerning the filing of a case against, what appeared to be, the wrong defendant. - [Persons who have mental health issues still have the right to draw a will](https://www.mifsudadvocates.com.mt/persons-who-have-mental-health-issues-still-have-the-right-to-draw-a-will/) - The fact that a testator has mental health issues at the time he draws up a will, does not mean that that will is null and void. This was held on 10 December 2018 by Mr Justice Lawrence Mintoff in Dr Carmelo Galea on behalf of the absent Mario Schembri -v- Rosina Schembri; Carmel Schembri; Joseph Schembri; Sinitio sive Sintheo Schembri; and Teddy Schembri. - [Person responsible for damages due to bounced cheques](https://www.mifsudadvocates.com.mt/person-responsible-for-damages-due-to-bounced-cheques/) - The First Hall of the Civil Courts ordered man to pay damages after he participated in a fraud by issuing cheques which were not honoured. This was held in a judgement delivered by Mr Justice Lawrence Mintoff on 16 November 2018 in SG Marketing Limited -v- Silvio Sciberras. - [Penalties imposed on who issues needless warrants is a question of public order](https://www.mifsudadvocates.com.mt/penalties-imposed-on-who-issues-needless-warrants-is-a-question-of-public-order/) - The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not to allow the abuse of these warrants. This was held in a decree issued by he First Hall of the Civil Courts presided by Mr Justice Francesco Depasquale on 11 March 2021 in Michael Vella and Stephen Anthony Camilleri -v- Philip Camilleri, Peter Paul Camilleri and Maria Pisani. - [Payment of deposit in civil appeals is essential](https://www.mifsudadvocates.com.mt/payment-of-deposit-in-civil-appeals-is-essential/) - The payment of a deposit before the first sitting of an appeal is essential as it guarantees the court expenses, without which the appeal will be deemed to have been deserted. This was held by the Court of Appeal on 24 August 2020 in AJD Tuna Limited -v- Direttur tal-Agrikoltura u s-Sajd u l-Avukat Generali, more commonly known today as ‘Avukat ta’ l-Istat’. - [Party cannot be in default if time period within which to reply has not elapsed](https://www.mifsudadvocates.com.mt/party-cannot-be-in-default-if-time-period-within-which-to-reply-has-not-elapsed/) - A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to reply has not run out. This was held in a judgement delivered by Mr Justice Robert Mangion in a family law dispute named AB -v- CB. The judgement was given on 31 October 2017. - [Parties may compete with different titles over the same properties](https://www.mifsudadvocates.com.mt/parties-may-compete-with-different-titles-over-the-same-properties/) - If two parties are making claims on the same property, the plaintiff may be allowed to show the Court that he has a better title than that of the defendant. This was held by Mr Justice Azzopardi in a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary Deguara decided on 27 October 2017. - [Parties had every right to ask for division of property](https://www.mifsudadvocates.com.mt/parties-had-every-right-to-ask-for-division-of-property/) - On the 7th February 2017, Magistrate Joanne Vella Cuschieri in the case Camilleri vs. Azzopardi et held that a co-owner possessing property adjacent to the land commonly owned with other parties, may demand such part of the latter property as is adjacent to the property already owned by him upon division of the property between them. - [Owners have a right to visit rented property](https://www.mifsudadvocates.com.mt/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 from the First Hall of the Civil Court presided by Mr Justice Francesco Depasquale on 25 January 2022 in David Pace et -v- Mary Anne Callus et. - [On last day of work, one can apply to Industrial Tribunal](https://www.mifsudadvocates.com.mt/on-last-day-of-work-one-can-apply-to-industrial-tribunal/) - The four-month period in which a former employee may file an Industrial Tribunal action against the former employer starts on the last day of work. - [Nullifying a fine which breaches natural justice](https://www.mifsudadvocates.com.mt/nullifying-a-fine-which-breaches-natural-justice/) - n the case “l-Avukat Malcolm Mifsud u l-Avukat Cedric Mifsud vs il-Bord ta’ Sorveljanza Dwar Sanzjonijiet” before the Judge Hon. Audrey Demicoli, the Court declared a fine issued by the Sanctions Monitoring Board on the plaintiffs to be null and invalid. - [Novation only takes place when obligation is extinguished to make room for a new obligation](https://www.mifsudadvocates.com.mt/novation-only-takes-place-when-obligation-is-extinguished-to-make-room-for-a-new-obligation/) - A verbal agreement following a public deed is not novation if the terms and conditions were merely modified. This was held by Judge Miriam Hayman in John Whibley -v- Gabriella Vella and Jason Pace decided on 15 December 2021. - [Notification of judicial letter essential to interrupt prescription](https://www.mifsudadvocates.com.mt/notification-of-judicial-letter-essential-to-interrupt-prescription/) - The First Hall of the Civil Court ruled that for prescription to be interrupted a defendant must be notified of the judicial act, which must not simply be filed in court. This was held in a judgement handed down on 16 May, 2017 by Mr Justice Joseph R. Micallef in a case Inna Said -v- Massimo Bonello, Alberto Sammut and Motor Insurance Pool. - [Not refunding payment may constitute a crime](https://www.mifsudadvocates.com.mt/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 a crime of arbitrary exercise of a pretended right. This was decided in a judgement delivered by Magistrate Dr Aaron Bugeja in Il-Pulizija -v- Bruno Tucci on 16 April 2019. - [Not all roads are government property](https://www.mifsudadvocates.com.mt/not-all-roads-are-government-property/) - The fact that the government puts asphalt on a private road, does not convert the road into public property. This was held in Richard Buhagiar et -v- Kummissarju ta’ l-Artijiet decided on 27 March 2020, by the Court of Appeal presided by the Chief Justice Joseph Azzopardi and Justices Joseph R Micallef and Tonio Mallia. - [Not all decisions from the Medical Council may be appealed from](https://www.mifsudadvocates.com.mt/not-all-decisions-from-the-medical-council-may-be-appealed-from/) - Appeals from the Medical Council can take place only if it concerns the cancellation of a medical practitioner ‘s registration. This was decided in a judgement delivered on 10 August 2020 in Dr Mario Saliba -v- Il-Kunsill Mediku. The Court of Appeal was presided by Chief Justice Mark Chetcuti, and judges Giannino Caruana Demajo and Anthony Ellul. - [Government boards subject to judicial review](https://www.mifsudadvocates.com.mt/government-boards-subject-to-judicial-review/) - In the case ‘L-Avukat Malcolm Mifsud u l-Avukat Cedric Mifsud vs il-Bord ta’ Sorveljanza Dwar Sanzjonijiet’ before Judge Audrey Demicoli, the Court had declared a fine issued by the Sanctions Monitoring Board on the plaintiffs to be null and invalid. - [Elements of an action sufficient for that action to be sustained](https://www.mifsudadvocates.com.mt/elements-of-an-action-sufficient-for-that-action-to-be-sustained/) - The type of action does not need to be explicitly pointed out, however if the elements of that type of action exist, then it may be sufficient. - [Don’t press ‘like’ on the competition’s Facebook page](https://www.mifsudadvocates.com.mt/dont-press-like-on-the-competitions-facebook-page/) - The Court of Appeal agreed with an employer who gave a warning an employee for liking the Facebook page of its competition. - [Adultery should not automatically mean the responsibility of the breakdown of marriage](https://www.mifsudadvocates.com.mt/adultery-automatic-responsibility-breakdown-marriage/) - Spouses are bound at law to be faithful to each other, however, if one of the spouses is adulterous, this does not automatically mean that that spouse is responsible for the breakdown of the marriage. The Court must see all the circumstances of the case. This was held in a Family Court judgement delivered on 27 September 2022 by Mr Justice Anthony Vella. - [A garnishee order may be reduced if the circumstances have changed](https://www.mifsudadvocates.com.mt/a-garnishee-order-may-be-reduced-if-the-circumstances-have-changed/) - If there is a change in circumstances which allow the reduction of a garnishee order, the Court may reduce or remove that garnishee order. - [A legal contract of works shall have the force of law, with no room for interpretation when the terms of agreement are clear](https://www.mifsudadvocates.com.mt/a-legal-contract-of-works-shall-have-the-force-of-law-with-no-room-for-interpretation-when-the-terms-of-agreement-are-clear/) - The cardinal principle that governs a contract remains that the contractual obligation must be respected, and that it is the will of the contracting parties as expressed in the convention that should prevail and must be observed. - [Chartering of Yachts – Reduced VAT Rate of 12%](https://www.mifsudadvocates.com.mt/chartering-of-yachts-reduced-vat-rate-of-12/) - Legal Notice 231 of 2023 has been published in the Government Gazette on the 6th October 2023, titled the Value Added Tax Act (Amendment of Eight Schedule) Regulations, 2023. These regulations will come into effect from the 1st January of 2024. - [Lack of legal assistance does not render a violation of the right to a fair hearing when statements are made voluntarily outside pre-trial stage](https://www.mifsudadvocates.com.mt/lack-of-legal-assistance-does-not-render-a-violation-of-the-right-to-a-fair-hearing-when-statements-are-made-voluntarily-outside-pre-trial-stage/) - The right to a fair hearing, as guaranteed by Article 39 of the Maltese Constitution and Article 6 of the European Convention on Human Rights, necessitates that a person undergoing criminal investigation be given the right to legal assistance at all stages of the criminal investigation, even in pre-trial stages. - [A delay in proceedings does not mean that a person does not serve his time in prison](https://www.mifsudadvocates.com.mt/a-delay-in-proceedings-does-not-mean-that-a-person-does-not-serve-his-time-in-prison/) - The Constitutional Court held that once a case was to be held with urgency, there was no need that the applicant be released from prison until the case is decided. - [Aegis Corporate Services Appoints Marylise Sacco as Executive Director](https://www.mifsudadvocates.com.mt/aegis-corporate-services-appoints-marylise-sacco-as-executive-director/) - Aegis Corporate Services, a Corporate Service Provider in Malta, is pleased to announce the appointment of Marylise Sacco as its Executive Director. With her extensive experience and a proven track record in the corporate service industry, Ms. Sacco is prepared to play a key role in steering the company towards further growth and solidifying its - [Court of Appeal explains the Three Elements of the Plea Of Res Judicata](https://www.mifsudadvocates.com.mt/court-appeal-elements-plea-res-judicata/) - The Court of Appeal upheld a plea that the case has already been decided on (res judicata), since there existed the three elements that make up this plea. This was held in Michael Chetcuti v Miller Distribution Limited and Victor Chetcuti. The judgment was delivered by the Court of Appeal on 1 August 2023, presided over by Chief Justice Mark Chetcuti and Judges JR Micallef and Tonio Mallia. - [Non observance of procedures does not necessarily annul an expropriation](https://www.mifsudadvocates.com.mt/non-observance-of-procedures-does-not-necessarily-annul-an-expropriation/) - Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation. This was held in Ivory Venue Limited -v- L-Awtorita tal-Artijiet, a decision delivered by the Lands Arbitration Board presided by Magistrate Dr Simone Grech, on 17 September 2021. - [No revocation of garnishee order if filed correctly](https://www.mifsudadvocates.com.mt/no-revocation-of-garnishee-order-if-filed-correctly/) - The First Hall of the Civil Court on 2 August, 2017 ruled that if a garnishee order is filed according to law, then it should not be revoked. This was decided by Ms Justice Anna Felice in St George Edition Limited -v- Apassionata World GmbH, represented in Malta by Dr Adrian Camilleri. - [No need to ask for premises to be vacated, immediately after Court auction](https://www.mifsudadvocates.com.mt/no-need-to-ask-for-premises-to-be-vacated-immediately-after-court-auction/) - When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is purchased - [Mother obtains exclusive care and custody of child](https://www.mifsudadvocates.com.mt/mother-obtains-exclusive-care-and-custody-of-child/) - The evidence in this case showed that the minor child was brought up exclusively by the mother, while the father showed little interest in the child. His insistence to have joint care and custody of the child is more of a controlling manoeuvre than anything else. - [MORE RESTRICTIONS, MORE REGULATIONS](https://www.mifsudadvocates.com.mt/more-restrictions-more-regulations/) - From the outset, March proposed to be a challenging month for the pandemic in Malta. In fact it took a turn for the worse and restrictions were placed once again to suppress the ever-increasing numbers of Covid-19 infections. Such measures take the form of Legal Notices which are usually issued by the Minister responsible for Health. However, in this case since the restrictions being taken concern national health such legal notices are issued either by the Minister for Health after consultation with the Superintendent of Health or by the Superintendent of Health herself. These legislative powers stem from Articles 26 and 27(c) of the Public Health Act Chapter 465 of the Laws of Malta. - [Mind Your Step](https://www.mifsudadvocates.com.mt/mind-your-step/) - Accidents do happen, however, very few realise that there may very serious consequences of these accidents. Trips and slips accidents is a category which more often than are overlooked and not taken as seriously. However, these accidents may be serious enough to be life changing for those who suffer injuries and there are legal norms that have to be taken into consideration to prevent these accidents and if they do take place, there are legal consequences. - [Mifsud & Mifsud Advocates: Challenging Archaic Rent Laws](https://www.mifsudadvocates.com.mt/mifsud-mifsud-advocates-challenging-archaic-rent-laws/) - Outdated rent laws continue to disadvantage the property owners caught up in decades-old contracts – but, today, something can be done to challenge them. Jo Caruana talks to lawyers Malcolm and Cedric Mifsud, of Mifsud & Mifsud Advocates, to discover what landlords can hope to achieve. - [Mifsud & Mifsud Advocates and MMPS Limited at the Malta Superyacht Symposium](https://www.mifsudadvocates.com.mt/mifsud-mifsud-advocates-and-mmps-limited-at-the-malta-superyacht-symposium/) - Dr Capt. François Laffoucrière and Dr Charlene Gauci from Mifsud & Mifsud Advocates and Ms Natalie Ellis and Ms Olena Halahan from MMPS Limited have attended the Malta Superyacht Symposium on the 6th and 7th July. - [Medical evidence crucial in HIV contamination case](https://www.mifsudadvocates.com.mt/medical-evidence-crucial-in-hiv-contamination-case/) - An alleged HIV infection took place in 2012, but the only test carried out by the Court’s expert was in 2016 so there was no sufficient evidence to support the victim’s claims - [Maternity and Family Leave Rights - ICLG to Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/maternity-and-family-leave-rights-iclg-to-employment-and-labour-law-2023/) - In virtue of the Protection of Maternity (Employment) Regulations, Subsidiary Legislation 452.91, an employee is entitled to an uninterrupted period of 18 weeks of maternity leave. An employee who is pregnant, breastfeeding or has recently given birth will also be entitled to special maternity leave, in the event that such employee could be exposed to a risk at work which could jeopardise her health and safety, and/or the pregnancy or the child. Furthermore, if an employee needs to attend antenatal examinations during her hours of work, then such employee would also be entitled to time off without loss of pay or any other benefit. - [Maternity and Family Leave Rights - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/maternity-and-family-leave-rights-iclg-to-employment-and-labour-law-2022/) - In virtue of the Protection of Maternity (Employment) Regulations, Subsidiary Legislation 452.91, an employee is entitled to an uninterrupted period of eighteen (18) weeks of maternity leave - [Maternity and Family Leave Rights - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/maternity-and-family-leave-rights-iclg-to-employment-and-labour-law-2021/) - In virtue of the Protection of Maternity (Employment) Regulations, Subsidiary Legislation 452.91, an employee is entitled to an uninterrupted period of eighteen (18) weeks of maternity leave. - [Is your job coming to an end? Here are 9 things to know about the termination of your employment](https://www.mifsudadvocates.com.mt/job-coming-to-an-end/) - An employment relationship might come to an end for various reasons. Whether it is the employee's or employer's decision to end an employment relationship, it is essential to keep in mind the legal obligations and rights of each party. - [Appointment of Members of the Financial Services Business Section, of the Chamber of Commerce](https://www.mifsudadvocates.com.mt/malcolm-mifsud-member-financial-services-business-section/) - Dr. Malcolm Mifsud elected as a member of the Financial Services Business Section, of the Chamber of Commerce as Director of Aegis Corporate Services Limited. - [Master or seafarer? Here are 7 things you need to know about vessel registration in Malta](https://www.mifsudadvocates.com.mt/master-or-seafarer-here-are-7-things-you-need-to-know-about-vessel-registration-in-malta/) - Malta has long been considered as a maritime hub thanks to its position in the middle of the Mediterranean Sea. Many owners seek to register their vessels under the Maltese flag, due to the numerous advantages which it has to offer. Such registration is further encouraged by the straightforward vessel registration procedure in Malta, which we will further analyse in this article. - [Maltese courts have jurisdiction irrespective of jurisdiction clause](https://www.mifsudadvocates.com.mt/maltese-courts-have-jurisdiction-irrespective-of-jurisdiction-clause/) - Civil Procedure allows Maltese courts to take cognisance of legal issue even though a written agreement may say otherwise. This as held in Seagull Maritime Security Limited -v- Unitaf PTE Limited et decided on 26 January 2022 by the First Hall of the Civil Court presided by Mr Justice Francesco Depasquale. - [Maltese Court may still have jurisdiction irrespective of foreign jurisdiction clause](https://www.mifsudadvocates.com.mt/maltese-court-may-still-have-jurisdiction-irrespective-of-foreign-jurisdiction-clause/) - The Maltese Court may have jurisdiction to hear and decide cases where the parties have signed a contract which indicates another country to have judicial jurisdiction. - [A fair trial includes on whether a judgement can be enforced](https://www.mifsudadvocates.com.mt/fair-trial-judgement-enforced-constitutional-court/) - When examining whether there was a fair trial, a constitutional court will not only examine what took place before or during the court proceedings but also after and whether a judgement may be enforced. This was held by the First Hall of the Civil Court in its constitutional jurisdiction presided by Mr Justice Grazio Mercieca, in a case decided on 26 March 2021 Peter Paul Lanzon et -v- L-Avukat ta’ l-Istat u Socjeta Filarmonika GM Fra Antoine de Paule. - [A hint of acceptance of a debt interrupts prescription](https://www.mifsudadvocates.com.mt/hint-acceptance-debt-interrupts-prescription/) - In their application V&C held that it is owed €49996.15 by Tlata Limited, which is a balance of a current account between the two companies and therefore, asked the court to order the defendant company to pay up. - [A consignee is considered to be a legitimate respondent in intellectual property proceedings](https://www.mifsudadvocates.com.mt/consignee-considered-legitimate-respondent-intellectual-property-proceedings/) - A consignee is considered to be a legitimate respondent in intellectual property proceedings. This was outlined in LVMH Fragrance Brands vs Globtainer Logistique Algerie SARL decided by the Court of Appeal (Superior Jurisdiction) on 16th March 2023. President Gianino Caruana Demajo, Judge Tonio Mallia and Judge Anthony Ellul presided over the case. - [No need of judicial acts before appeals before Administrative Review Tribunal](https://www.mifsudadvocates.com.mt/judicial-acts-no-need-appeal-administrative-review-tribunal/) - The Administrative Review Tribunal turned down a plea from the Ministry of Education that judicial acts should be filed before actions are filed with the Tribunal. This was decided on 6 July, 2017 by Magistrate Charmaine Galea, Dr David Fabri and Dr Antoine Naudi in Vincent Carabott -v- Ministry of Education and the Teachers Professional Council. - [No need of interpretation when the wording of a contract is clear](https://www.mifsudadvocates.com.mt/no-need-interpretation-wording-contract-clear/) - The Court does not need to try to interpret an agreement, when the wording is clear and will apply that clear wording. This was decided in De Tigne Limited -v- Cut Coiffeur Company Limited decided on 15 January 2017 by Madame Justice Jacqueline Padovani Grima. - [No need of court case, once contract solves the differences](https://www.mifsudadvocates.com.mt/court-case-contract-differences/) - The First Hall of the Civil Court decided that once parties to a legal action have concluded their differences in a contract, the court case can become futile. This was decided by Mr Justice Mark Chetcuti in Bernardette Licari -v- Carmel Attard, Joy Attard and Benjamin Rizzo as liquidator of Denelir Properties Limited on 21 November, 2016. - [No legal definitions of negligent driving and dangerous driving](https://www.mifsudadvocates.com.mt/no-legal-definition-negligent-driving-dangerous/) - Although there is no legal definition of what negligent driving and dangerous driving is, the Court must see the degree of recklessness one uses when the accident occurred to decide which one of the two apply - [Malta CEOs 2020 - The Island's Most Influential Business Minds - Malcolm Mifsud](https://www.mifsudadvocates.com.mt/malta-ceos-2020-the-islands-most-influential-business-minds-malcolm-mifsud/) - "Set up in 2007 by its two founding partners, Dr Malcolm Mifsud and his brother Dr Cedric Mifsud, Mifsud & Mifsud Advocates is a multidisciplinary, boutique law firm. Specialising in nice sectors such as Maritime and Yachting, as well as in litigation and corporate law, the firm prides itself on offering clients a bespoke, solutions-oriented approach that is built on the cornerstones of honesty and integrity." - [Do all jurisdiction clauses apply?](https://www.mifsudadvocates.com.mt/do-all-jurisdiction-clauses-apply/) - It is prevalent for agreements of a commercial nature to contain a jurisdiction clause, particularly when the parties or entities concerned would be operating on an international level. The term ‘jurisdiction’ refers to the authority given by law to a court to hear and decide legal disputes within a particular geographic area and/or over certain types of legal cases. A jurisdiction clause, also known as a dispute resolution clause, identifies how and where disputes arising from the agreement (if any) are to be determined. When parties decide to include a jurisdiction clause at the outset of an agreement, it is important to ensure that the way the jurisdiction clause is worded clearly outlines the intention of the parties and would not create difficulties of interpretation. Formulating a jurisdiction clause which poses difficulties of interpretation could result in the parties having to enter costly and lengthy legal proceedings purely based on determining whether the Court has jurisdiction to hear the dispute. It is only after the jurisdictional issue is resolved that the parties would be able to institute proceedings for the Court to determine the matter of contention between the parties. A delay in these circumstances could result in the aggrieved party suffering additional losses. - [Business Sales - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/business-sales-iclg-2021/) - In terms of the Transfer of Business (Protection of Employment) Regulations, Subsidiary Legislation 452.85, employees are automatically transferred to a transferee upon the transfer of a business. - [Business Sales - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/business-sales-employment-labour-law/) - In terms of the Transfer of Business (Protection of Employment) Regulations, Subsidiary Legislation 452.85, employees are automatically transferred to a transferee upon the transfer of a business. - [Business Sales - ICLG to Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/busines-sales-employment/) - In terms of the Transfer of Business (Protection of Employment) Regulations, Subsidiary Legislation 452.85, employees are automatically transferred to a transferee upon the transfer of a business. A transfer of business does not take place when there is simply a transfer of assets or a transfer of shares to new shareholders if employees remain employed by the same company. However, in terms of these Regulations, a transfer of business will be deemed to have taken place even if such transfer is carried out through more than one transaction or if no property, whether movable or immovable, is transferred by the seller to the buyer. - [Malcolm Mifsud elected on the Financial Services Executive Committee](https://www.mifsudadvocates.com.mt/malcolm-mifsud-elected-on-the-financial-services-executive-committee/) - Dr Malcolm Mifsud, has been elected on the Financial Services Executive Committee of the Chamber of Commerce, Enterprise and Industry. This committee is an influential body within the Chamber of Commerce that assist companies and other entities that work in the financial services sector to share ideas on how the financial services industry in Malta can continue to grow and is an important lobby with the Government. - [Majority co-owners may sell property if all conditions are fair](https://www.mifsudadvocates.com.mt/majority-co-owners-may-sell-property-if-all-conditions-are-fair/) - The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the majority of the co-owners. This was held in Raymond Zisa et -v- Dr Joseph P Bonnici et noe, decided by the First Hall of the Civil Court on 1 February 2023. The Court was presided over by Judge Anna Felice. - [DNA is not the only evidence to establish the paternity of a child](https://www.mifsudadvocates.com.mt/dna-is-not-the-only-evidence-to-establish-the-paternity-of-a-child/) - In the absence of DNA, declaration of the parents of a child could be sufficient to prove the paternity of a child. - [Discrimination is the difference in treatment of the same situation](https://www.mifsudadvocates.com.mt/discrimination-is-the-difference-in-treatment-of-the-same-situation/) - In Mark Muscat -v- HSBC Bank Malta plc, the First Hall of the Civil Courts held that when one alleges discrimination, then one must prove that there is a difference in how one is treated in the same or similar circumstances. This was held in a judgement delivered on 5 December 2015 by Mr Justice Silvio Meli. - [Discrimination - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/discrimination-iclg-to-employment-and-labour-law-2022/) - The right to protection from discrimination on the grounds of race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity is enshrined in Article 45 of the Constitution of Malta. The Maltese Constitution further promotes equal rights of men and women, whereby the State has a particular duty to ensure that women workers enjoy equal rights and the same wages for the same work as men. - [Discrimination - ICLG to Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/discrimination-iclg-to-employment-and-labour-law-2023/) - The right to protection from discrimination on the grounds of race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity is enshrined in Article 45 of the Constitution of Malta. The Maltese Constitution further promotes equal rights of men and women, whereby the State has a particular duty to ensure that women workers enjoy equal rights and the same wages for the same work as men. - [5 things you need to know before signing a Promise of Sale Agreement](https://www.mifsudadvocates.com.mt/promise-of-sale-agreement/) - While a sale is a bilateral contract wherein the appearing parties reciprocally promise to each other to, on one hand, transfer and deliver the object of sale, and on the other hand, to acquire the sold object. In such an agreement, promises must be faithfully and honestly fulfilled along with the conditions stipulated attached to both parties. - [Maintenance payments under COVID 19](https://www.mifsudadvocates.com.mt/maintenance-payments-under-covid-19/) - COVID 19 has put financial strain on many. The closure of our airports, hotels, bars and restaurants and many places of work has meant that there are those who have had their jobs terminated or else have agreed to reduce their pay in terms of the government assistance packages. Those who pay monthly alimony or maintenance towards their spouses or their children, will certainly feel the pressure and may ask whether anything can be done. - [Maintenance must be paid until it is decided otherwise](https://www.mifsudadvocates.com.mt/maintenance-must-be-paid-until-it-is-decided-otherwise/) - An order to pay maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offence - [Lidl Immobiliare Malta Limited vs Michael Mifsud Et Noe](https://www.mifsudadvocates.com.mt/lidl-immobiliare-malta-limited-vs-michael-mifsud-et-noe/) - On the 16th February, 2017, Mr Justice Joseph R. Micallef in Lidl Immobiliare Malta Limited vs. Mifsud et noe held that the changes in the traffic system carried out by the council of Sta Venera were not ultra vires, despite complaints raised by the establishment of Lidl Immobiliare Malta Limited. - [LexisNexis Company and Foreign Investment Law Guide 2021](https://www.mifsudadvocates.com.mt/lexisnexis-company-and-foreign-investment-law-guide-2021/) - Malta is open to investment by foreign companies and we facilitate foreign companies’ transition and business activities in Malta. Malta is known to have a Regulator, such as the Malta Financial Services Authority, which has an excellent international reputation. MFSA is also known to be open to assist in difficulties that may arise from time to time. Malta’s size helps in this regard as the Regulator usually has a structure that makes it accessible and efficient in dealing with issues that crop up from time to time. Therefore, Malta could be described as a welcoming jurisdiction to serious business and commerce. - [Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained](https://www.mifsudadvocates.com.mt/lessees-may-lose-their-rights-to-agricultural-land-if-farms-and-or-any-other-integral-buildings-are-not-maintained/) - The Court heard the counterclaim by the defendants who stated that the farm had been severely damaged by a storm and through no fault of their own - [Legitimate expectations are not set in stone](https://www.mifsudadvocates.com.mt/legitimate-expectations-are-not-set-in-stone/) - The changes in circumstances may allow a change in legitimate expectations. This was held by the Court of Appeal, presided over by the Chief Justice Mark Chetcuti on 14 June 2023 in Michael Parnis et vs L-Awtorita ta’ l-Ippjanar. - [Legislation failed to protect workers from asbestos](https://www.mifsudadvocates.com.mt/legislation-failed-to-protect-workers-from-asbestos/) - The First Hall of the Civil Courts, in its constitutional jurisdiction, held that the legislation concerning workers handling asbestos was not sufficient to protect them and as a result was a breach to their right to life. This was decided on 14 June, 2017 in Maria Rosaria Fenech v Principal Medical Government Officer and the Attorney General. - [Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property](https://www.mifsudadvocates.com.mt/legatee-must-make-a-request-to-curator-in-case-of-a-vacant-inheritance-to-gain-possession-of-the-property/) - The Court concluded that the plaintiff was to take possession of the half undivided share of the property of the late Ms Buhagiar, following the publication of the relevant public act needed in virtue of Article 763 - [Discrimination - ICLG TO EMPLOYMENT AND LABOUR LAW 2021](https://www.mifsudadvocates.com.mt/discrimination-iclg-to-employment-and-labour-law-2021/) - The right to protection from discrimination on the grounds of race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity is enshrined in Article 45 of the Constitution of Malta. The Maltese Constitution further promotes equal rights of men and women, whereby the State has a particular duty to ensure that women workers enjoy equal rights and the same wages for the same work as men. - [An obvious falsification of a document is not a crime](https://www.mifsudadvocates.com.mt/document-obvious-falsificaion-crime-not-guilty-confiscated/) - The Court applied a legal principle where the use of a document which is obviously false, is not a crime, finding the two accused not guilty of the two charges, but confiscated the documents - [Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer](https://www.mifsudadvocates.com.mt/applicant-residence-work-permit-shoul-not-bear-responsibility-shortcomings-prospective-employer/) - It is not just and equitable that the applicant for a work and residence permit (a Single Permit) application must bear the responsibility for the shortcomings of his prospective employer. - [Lease taken over by widow is not a sublease](https://www.mifsudadvocates.com.mt/lease-taken-over-by-widow-is-not-a-sublease/) - The act of a widow taking over the lease of a butcher shop does not constitute a sublease. This was decided by Magistrate Joanne Vella Cuschieri on 2 May, 2017 in Victoria Attard -v- Giorgia Mercieca and Angela Mercieca. - [Lawyers’ obligations cease when company is struck off](https://www.mifsudadvocates.com.mt/lawyers-obligations-cease-when-company-is-struck-off/) - A law firm engaged by shareholders to set up a company and other services cease when the company is eventually struck off - [Appeals of Small Claims Tribunal are limited to points of law](https://www.mifsudadvocates.com.mt/appeals-small-claims-tribunal-limited-points-of-law/) - Appeals of Small Claims Tribunal are limited to points of law. This was held by the Court of Appeal on 16 June, 2017 in Fogg Insurance Agencies Ltd noe v Local Council, Luqa et. In their application, Fogg Insurance had filed an action against the local council claiming payment of €491.76 following damages sustained by a vehicle due to a pothole. The council contested the claim and argued that the accident took place in a road which is the responsibility of Transport Malta. - [Appeals from arbitration awards are limited to legal points](https://www.mifsudadvocates.com.mt/appeal-arbitration-award-limited-legal-points/) - The Court held that an appeal from an Arbitration award was inadmissible at law because it dealt with the merits of the case and not on a point of law - [Law firm co-founding partner is board member of WLL](https://www.mifsudadvocates.com.mt/law-firm-co-founding-partner-is-board-member-of-wll/) - Dr Malcolm Mifsud, co-founding partner of Mifsud & Mifsud Advocates, was elected a board member of World Link for Law in New York. WLL is a leading network of international law firms, comprising teams of international lawyers. Established as Euro-Link for Lawyers in the 1980s, it now has a network of 70 law firms with 80 offices in 47 countries. - [Are You An Expat Seeking Divorce In Malta? Here Are 5 Things You Need To Know](https://www.mifsudadvocates.com.mt/expat-divorce-law-malta-need-to-know/) - Malta promulgated laws enabling spouses to attain divorce by virtue of Act XVI of 2011. Divorce is the legal dissolution of marriage by a Court of law, following which either spouse may choose to remarry. - [Late shipment leads to revocation of contract](https://www.mifsudadvocates.com.mt/late-shipment-leads-to-revocation-of-contract/) - The First Hall of the Civil Courts agreed to rescind a contract after the consignment of goods was not delivered and reduced in another consignment - [Appeal is null if there is no request to revoke or reform first judgement](https://www.mifsudadvocates.com.mt/appeal-null-no-request-revoke-reform-first-judgment/) - Mr Justice Anthony Ellul presiding over the Court of Appeal, held that an appeal in Bank of Valletta plc vs the Data Protection Commissioner and Malta Public Transport was null and void after it filed to ask it to revoke the first judgement. - [Appeal from Industrial Tribunal must be filed within 12 days](https://www.mifsudadvocates.com.mt/appeal-industrial-tibunal-filed-days-provide-extensions/) - 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 Giulia Gattuccio -v- Suda Entertainment Limited a judgement delivered on 12 January 2022 by the Court of Appeal presided by Mr Justice Lawrence Mintoff. - [Appeal from an Arbitration award must be limited to legal points](https://www.mifsudadvocates.com.mt/appeal-arbitration-award/) - The Court of Appeal presided by Mr Justice Anthony Ellul held that the appeal lodged against an arbitration award was null and void as the grounds of appeal were not points of law. This was decided on 17 June 2016 in Euroshops Limited and Maurice Gruppetta –v- Attard & Co (Industrial) Limited. - [Appeal from a decision of the Industrial Tribunal must be on a point of law](https://www.mifsudadvocates.com.mt/appeal-application-disagreement-industrial-tribunal-facts-rejected/) - An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be rejected by the Court of Appeal. - [Article 12 of Housing (DeControl) Ordinance in violation of human rights](https://www.mifsudadvocates.com.mt/housing-decontrol-ordinance-violation-human-rights-dwelling-house/) - The Housing (DeControl) Ordinance states that where a dwelling house has been granted on temporary emphyteusis according to a contract preceding 21st June 1979, the emphyteuta shall be entitled to continue to occupy the house under a title of lease after the contract expires. - [Attorney General must quote correct articles of law for Court to consider crimes](https://www.mifsudadvocates.com.mt/attorney-general-must-quote-correct-articles-to-consider-crimes/) - The Attorney General must indicate under which articles of law the accused is accused, and the Court must consider the Article mentioned in the Attorney General’s note. This was held in a judgement delivered by Magistrate Dr Natasha Galea Sciberras in Il-Pulizija -v- Hasan Jama Hassan decided on 6 February 2023. - [Attorney General’s newest procedural right to appeal to find retroactive application](https://www.mifsudadvocates.com.mt/attorney-general-newest-procedural-right-to-appeal-retrospective-application/) - The Court explained that procedural criminal law has effective and immediate application, meaning that the procedures become effective even to proceedings that were ongoing before the new procedures were in place - [Authorities have an obligation to assist the public](https://www.mifsudadvocates.com.mt/authorities-obligation-assist-public-confirm-regulations/) - Authorities are bound at law to give all vital information to the public in order for the public to conform with regulations. This was held in a judgement delivered by the Court of Appeal, decided on 12 June 2020, presided by Mr Justice Lawrence Mintoff in Urs Schwinger -v- Transport Malta and Ministeru ghall-Finanzi.The Ministry of Finance had appealed from a judgement of the Administrative Review Tribunal, where the Tribunal had upheld a claim of Mr Schwinger. - [Authorities may limit licences to ensure safety](https://www.mifsudadvocates.com.mt/authorities-limit-licenses-ensure-safety/) - Transport Malta was justified to limit the berthing of a water sports vessel to one bay, since the safety requirements dictated this. - [Authority issuing a tender must give all information to all tenderers](https://www.mifsudadvocates.com.mt/authority-issuing-tender-all-information-tenderers/) - The Court of Appeal ordered that a tender be re-issued following the information required for a tenderer to quote was not sufficient. - [Any administrative act may be scrutinised by the Administrative Review Tribunal](https://www.mifsudadvocates.com.mt/administrative-act-scrutinised-administrative-review-tribunal/) - The Administrative Review Tribunal is competent to hear and decide any administrative act or measure taken by a public authority - [Anyone who may have an interest may be called into suit](https://www.mifsudadvocates.com.mt/interest-suit/) - The First Hall of the Civil Court accepted a plea by a defendant company to allow into suit the previous owners of a property, because they could have an interest in the action. This was decided in a judgement delivered on 10 October, 2016, by Ms Justice Anna Felice in a case Joseph Zammit and his wife Jeanette Zammit Gia Caruana -v- Central Mediterranean Development Corporation Limited. - [Anti-Money Laundering Directive provision requiring public access to information](https://www.mifsudadvocates.com.mt/anti-money-laundering-directive-ecj/) - The Court of Justice concluded that the provision in the Anti-Money Laundering Directive which outlines that any member of the general public can have access to information on the beneficial ownership of companies incorporated within the territory of the Member States, is invalid. The Court received two requests in separate proceedings, first between WM and Luxembourg Business Registers (‘LBR’) (Case C‑37/20) a Luxembourgish company, and secondly between Sovim SA and LBR (Case C‑601/20), its beneficial owner, to give a preliminary ruling on the access to information on the beneficial ownership of companies. LBR and Sovim SA had previously requested the Luxembourg Business Registers (LBR) to restrict the general public’s access to information concerning them on the ground that the general public’s access to that information would seriously, actually and immediately expose WM and his family to a disproportionate risk and risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation. - [An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances](https://www.mifsudadvocates.com.mt/an-agreement-for-payment-debt-contradicts-claim-non-execution-bill-exchange/) - The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchange - [Amendments to the Posting of Workers in Malta Regulations](https://www.mifsudadvocates.com.mt/amendments-posting-workers-regulation/) - On the 21st October 2022, the Posting of Workers in Malta Regulations, Subsidiary Legislation 452.82, has been amended through Legal Notice 266 of 2022, whereby it adds Article 6A to the regulations with additional information to posted workers. - [Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban](https://www.mifsudadvocates.com.mt/lack-of-evidence-pushes-the-immigration-appeals-board-to-revoke-a-return-decision-removal-order-and-entry-ban/) - Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban given by the Principal Immigration Officer. - [An applicant refused a Single Work Permit should be notified about the basic right of appeal](https://www.mifsudadvocates.com.mt/applicant-refused-single-work-permit-notified-right-appeal/) - In a judgment delivered by the Court of Appeal (Inferior Jurisdiction) in Jayson Laza vs Identity Malta Agency presided over by Mr Justice Lawrence Mintoff on 3 May 2023, the Court established that the appellee was legally present in Malta or elsewhere in the European Union and that his submission for appeal in front of the Immigration Appeals Board was not late. - [An agreement must be kept, come what may](https://www.mifsudadvocates.com.mt/agreement-kept-payment-honoured/) - The Court of Appeal, presided by Mr Justice Anthony Ellul, ruled that an agreement of payment should be honoured, even if the services rendered were not totally satisfactory. The judgement was delivered on 22 September, 2017 in Chris Tonna v James Borg and Stefan Borg. - [An action of spoliation is one of public order](https://www.mifsudadvocates.com.mt/spoliation-public-order/) - On 27 May, 2016, the Court of Appeal confirmed the decision of the First Hall Civil Court in Granata -vs- Commissioner of Lands. The Court held that the plaintiff did not have a right to an action of spoliation in this particular case, although the locks of the boathouse, which she used to enjoy on lease, were removed and changed against the plaintiff’s will, depriving her of its possession and enjoyment. - [Amendments to the Code of Organisation and Civil Procedure in Relation to the Rules Regulating Appeals](https://www.mifsudadvocates.com.mt/amendments-code-of-organisation-civil-procedure-appeals/) - These amendments were enacted through Act XXXII of 2021 which came into force on 18th June, 2021. Appeals filed before the coming into force of these amendments, as well as cases adjourned sine die, shall be regulated by the law which was in force prior to these amendments. - [Amendments to the Aircraft Registration Act](https://www.mifsudadvocates.com.mt/amendments-aircraft-registration-act/) - As of 6th July, 2021 amendments to the Aviation Registration Act have come into force. These amendments seek to bring Maltese legislation further in line with the EU’s “Regulation 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency”, and to formalise the procedures for registration of aircraft. In practice these amendments add clarity to the procedures in relation to an irrevocable de-registration and export request authorisation (IDERA) and the role of the Director General responsible for civil aviation in respect of such IDERAs. The amendments add to the definition of what an aircraft is for the purposes of CAP. 503. Another change is that the Maltese register is now named the Malta Aircraft Register. - [Although Lands Authority took their time, they did it correctly](https://www.mifsudadvocates.com.mt/lands-authority-legal-duty-decide-public-property/) - The Lands Authority have a legal duty to decide on all aspects of public property and had a right to refuse an application to increase demarcation of a development - [Allegation of payment must be proved](https://www.mifsudadvocates.com.mt/allegation-payment-proof/) - In the case where a plaintiff is seeking payment and the defendant alleges that the debt has been paid, the defendant must prove the payment. This was decided by Magistrate Dr Gabrielle Vella in Blue Media Marketing Limited -v- Anton sive Claude Camilleri on 26 July, 2017. - [Disciplinary processes required before serious decision to terminate employment](https://www.mifsudadvocates.com.mt/disciplinary-processes-required-before-serious-decision-to-terminate-employment/) - Case filed Giulia Gattuccio against her former employer Suda Entertainments Ltd, claiming unfair dismissal. - [Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied](https://www.mifsudadvocates.com.mt/conditions-issuance-warrant-prohibitory-injunction-must-be-cumulatively-satisfied/) - A warrant of prohibitory injunction will only be issued by the Court when the conditions outlined in the Law are cumulatively satisfied. This was outlined in the judgement Simone Schembri vs CSJ Limited decided by The First Hall, Civil Court on 09th December 2022. The Court was presided over by Judge Audrey Demicoli. - [Company blocks transfer of licence to competitor](https://www.mifsudadvocates.com.mt/warrant-pharmacy-licence/) - The First Hall of the Civil Court upheld a warrant of prohibitory injunction requested by one company against another, since it proved that it had all the legal requisites to block the transfer of a pharmacy licence it was to purchase. This was decided in Labomed Limited -v- Superintendent of Public Health on 15 September, 2016 by Mr Justice Silvio Meli. - [Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations](https://www.mifsudadvocates.com.mt/communication-undertakings-vodafone-continue-paying-legal-cost-interception/) - The Court concluded that the only way by which the Authorities could be found to have abused their position and implemented an ultra vires decision, is if it was found that Directive 2/2005 either lacked transparency or proportionality. - [Agricultural lease is terminated due to illegal construction](https://www.mifsudadvocates.com.mt/agricultural-lease-terminated-illegal-construction/) - The defendants filed a statement of defence and in it they claimed that the land was used according to how they agreed and with the applicant’s consent - [Agreement deemed not fraudulent in view of solvency of debtor](https://www.mifsudadvocates.com.mt/agreement-deemed-not-fraudulent-solvency-debtor/) - The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors. - [Those who are not entitled to social benefits should refund](https://www.mifsudadvocates.com.mt/those-not-entitled-social-benefits/) - Those individuals who have been given social benefits but then discovered that they were not entitled to them, should refund the government the amount which was taken - [Trademark must be predominant to be exclusive](https://www.mifsudadvocates.com.mt/trademark-predominant-exclusive/) - The First Hall of the Civil Court ruled that for two competing identical trademarks to be confusing they must feature predominantly and the plaintiff must prove that the use of the two will cause confusion. This was decided on 14 February, 2017 by Mr Justice Mark Chetcuti in Y Plan Events Ltd v Wow Ltd, Andrew Selvagi v Martina Selvagi - [Training Session for Lawyers on Domestic Violence and Gender Based Violence](https://www.mifsudadvocates.com.mt/domestic-violence-gender-balance-violence/) - The Council of Europe Convention on preventing and combating violence against women and domestic violence under Article 3(d) defines ‘Gender-based violence against women’ as: ‘violence that is directed against a woman because she is a woman or that affects women disproportionately - [Transparent and Predictable Working Conditions Regulations](https://www.mifsudadvocates.com.mt/transparent-predictable-working-conditions-regulations/) - Legal Notice 267 of 2022, the Transparent and Predictable Working Conditions Regulations transposed the EU Directive 2019/1152 on Transparent and Predictable Working Conditions in the European Union. These regulations outline the working conditions applicable to every worker in the European Union who has an employment contract or employment relationship as defined by law, collective agreements, or practice in force in each Member State. However, some provisions do not apply for seafarers or sea fisherman. - [Aggrieved bidder should not be penalised by mistake of contracting authority](https://www.mifsudadvocates.com.mt/aggrieved-bidder-penalised-mistake-contracting-authority/) - Whenever a bidder in a public call for tenders feels that a decision taken by a Contracting Authority has been unjust in its regard the first possibility for legal redress is the Public Contracts Review Board. In order for an objection before the Public Contracts Review Board (PCRB) to be valid the applicable law requires that the company submitting an objection also includes a deposit equivalent to 0.50 per cent of the estimated value set by the contracting authority of the whole tender. - [Trial periods for new employees are subject to the law](https://www.mifsudadvocates.com.mt/trial-periods-new-employees-subject-law/) - The Police had accused Khalifa, an owner of a business, with failing to pay the wages, overtime, vacation leave and notice period of his former employee Engin Turk. - [Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website](https://www.mifsudadvocates.com.mt/trubunal-genuine-minsiter-transport-malta-misguided-applicant/) - The Tribunal held that in this case, it was clear that the applicant was genuine, and even emailed the Minister explaining the issue at hand, furthermore, the Tribunal held that the mix up was solely attributed to the fact that Transport Malta misguided the applicant - [Tribunal revokes Police Commissioner’s decision to bar former convict from becoming a private guard](https://www.mifsudadvocates.com.mt/tribunal-revokes-police-commissioner-decision-bar-former-convict-private-guard/) - The Administrative Review Tribunal has held that the Police Commissioner cannot simply bar an ex-convict from obtaining a licence to provide the service of private guard or community officer - [Tribunals are set up by special laws](https://www.mifsudadvocates.com.mt/tribunal-setup-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 the case before it. This was held in Corporate & Commercial FX Services Limited -v- Satabank plc decided by the First Hall of the Civil Courts presided by Judge Miriam Hayman on 1 April 2022. - [Unclear claims may be deduced from premises](https://www.mifsudadvocates.com.mt/unclear-claims-may-be-deduced-from-premises/) - Although a claim listed in an application may be unclear, other premises mentioned in the same application may throw light on what is being asked for. This was decided by the Small Claims Tribunal in Lorenz Ltd v Maria Addolorata Di Pasquale and Giovanni on 18 December 2017. - [Commercial leased properties must be made use of](https://www.mifsudadvocates.com.mt/commercial-leased-properties-made-use-of/) - Commercial premises will be terminated if it is not being made use of. - [Unconvincing evidence is not tantamount to fraud](https://www.mifsudadvocates.com.mt/unconvincing-evidence-not-tantamount-fraud/) - Mr Justice Chetcuti said that evidence produced by one party, which does not convince the Court, does not mean that that evidence is false - [Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria](https://www.mifsudadvocates.com.mt/unfair-dismissal-legal-requisites-arbitrary-criteria/) - When determining whether the dismissal from employment is a fair one or otherwise, the Industrial Tribunal is obliged to verify whether the requisites and procedures outlined by the Maltese law were correctly applied by the employer. This was decided by the Court of Appeal (Inferior Jurisdiction) in the names ‘Philippe Guillaut vs HOSI Malta Limited’ on the 1st June 2022 presided by Honourable Justice Lawrence Mintoff. - [Union cannot decide instead of member](https://www.mifsudadvocates.com.mt/union-finalise-agreement-empoyer-explicit-consent/) - A union cannot finalise an agreement with an employer without the explicit consent of the member - [L-Eżerċitar tad-Dritt tal-Aċċess fi żmien il-Covid-19](https://www.mifsudadvocates.com.mt/l-ezercitar-tad-dritt-tal-access-fi-zmien-il-covid-19/) - Il-Covid-19 tefa’ piż fuq diversi aspetti tal-ħajja kwotidjana tagħna. Tefa’ pressjoni addizzjonali fuq sitwazzjonijiet li diġa’ kienu diffiċli kif kienu, bħal meta ġenituri jkollhom d-dritt ta’ aċċess għal uliedhom. Apparti l-lat emottiv, jeżistu aspetti legali wara din is-sitwazzjoni, li permezz ta’ dan l-artiklu ser nipprovaw ngħaddu ftit għarfien dwarhom. - [Knowledge of spoliation is sufficient](https://www.mifsudadvocates.com.mt/knowledge-of-spoliation-is-sufficient/) - The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that person to be held responsible - [Judicial review proceedings must commence within six months](https://www.mifsudadvocates.com.mt/judicial-review-proceedings-must-commence-within-six-months/) - This was decided and delivered by Mr Justice Mark Chetcuti on 3 October, 2017, in Malta Towage Limited -v- Director of Fisheries. In the plaintiff company’s application, the company explained that it owns a vessel, the MV Ernest E. Pierce, which had a fishing licence which was valid from 15 May, 2015, to 4 May, 2016. On 15 June, 2015 the Director of Fisheries suspended the licence, because according to the defendant, the vessel was fishing beyond 12 nautical miles without the necessary authorisation and also it was alleged that the captain was not registered and licensed. - [Judicial review procedure cannot substitute the natural process of complaints](https://www.mifsudadvocates.com.mt/judicial-review-procedure-cannot-substitute-the-natural-process-of-complaints/) - The Court faced with a judicial review lawsuit is not competent to hear it if the plaintiff has other remedies at his disposal - [Judicial review may take place on fines, even though they have been paid](https://www.mifsudadvocates.com.mt/judicial-review-may-take-place-on-fines-even-though-they-have-been-paid/) - The decision to impose a fine from an administrative authority may be subject to judicial review even though that fine was paid. This was held in Avukat Dr Malcolm Mifsud u Avukat Dr Cedric Mifsud -v- Il-Bord ta’ Sorveljanza dwar Sanzjonijiet, decided by the First Hall of the Civil Courts on 11 March 2022. The Court was presided over by Judge Audrey Demicoli. - [Judicial letters must be addressed to corporate structures with judicial personalities](https://www.mifsudadvocates.com.mt/judicial-letters-must-be-addressed-to-corporate-structures-with-judicial-personalities/) - Judicial letters may be addressed to corporate structures, however, these must have a judicial personality - [Judgements should be a final decision](https://www.mifsudadvocates.com.mt/judgements-should-be-a-final-decision/) - A Court in a judgment delivered on 15th July, 2016, agreed with the judgment of the Court of Magistrates delivered on 18th June, 2014, in which it ordered Mary Gauci to pay the sum of €10,699.09 for promotional services carried out by Media Today Co. Ltd, despite claims that she was merely acting on behalf of and in representation of another company, Libertas Malta. - [Judge pins court delays on government, abusive defendants and their lawyers](https://www.mifsudadvocates.com.mt/judge-pins-court-delays-on-government-abusive-defendants-and-their-lawyers/) - The length of time taken to conclude a court case is unreasonable and violates the right to a proper and reasonable hearing as provided by Article 39 of the Constitution of Malta and Article 6 of the European Convention of Human Rights - [Judge gives the history of the Courts’ summer recess](https://www.mifsudadvocates.com.mt/judge-gives-the-history-of-the-courts-summer-recess/) - The Court held that the Code does not make any reference to when the recess should take place, but merely makes references to the Rules of Court - [Joint care and custody can be given, even if the child resides abroad](https://www.mifsudadvocates.com.mt/joint-care-and-custody-can-be-given-even-if-the-child-resides-abroad/) - A father can have joint custody of his son even if the mother and son live outside Malta - [Joint and Several Liability cannot be presumed](https://www.mifsudadvocates.com.mt/joint-and-several-liability-cannot-be-presumed/) - The First Hall of the Civil Court held that joint liability of two debtors has to be proved and not presumed. This was one of the points of law which was decided upon in a judgement delivered by Mr Justice Lawrence Mintoff, in Bonavia Properties Limited -v- Maria Helga Muscat Groelz and Raymond Abela. - [Adultery has its consequences: woman made husband work lover’s field](https://www.mifsudadvocates.com.mt/adultery-consequences-woman-husband-work-lover-matrimonial-home/) - 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 held by the Civil Court, Family Section, presided by Judge Abigail Lofaro on 2 December 2021 in AB -v- CB. - [Adoption does not block a declaration of who is the natural father](https://www.mifsudadvocates.com.mt/adoption-does-not-block-declaration-natural-father/) - A father was declared the natural father of a minor child, irrespective of the fact that the mother’s husband had adopted the same child. This was held in a judgement delivered by the Family Section of the Civil Court in AB -v- CD and FD et, presided by Mr Justice Anthony Vella. This judgement was delivered on 30 April 2020. AB, told the court in his application that in 2014, his partner CD, gave birth to their son. A year later the mother married FD. Recently he was informed that when the minor child was born his birth certificate read ‘unknown father’. The mother had a relationship with the Plaintiff, AB, before her marriage and also after. Again the Plaintiff learned that the mother’s husband is now registered as the father of the child. He asked the court to declare him as the father of the child. - [It’s plaintiff that must prove its case to Court’s satisfaction](https://www.mifsudadvocates.com.mt/its-plaintiff-that-must-prove-its-case-to-courts-satisfaction/) - The Court may rest solely on the plaintiff’s evidence, even if the Defendant gives another version of events. This was held in Metropolis Development Limited -v- Professor Erik van Egeraat and Erick van Egeraat Beheer BV on 19 October 2021 by the First Hall of the Civil Courts presided by Judge Anna Felice. - [Use of Cash (Restriction) Regulations](https://www.mifsudadvocates.com.mt/use-of-cash-restriction-regulations/) - On the 9th of March 2021 the Use of Cash (Restriction) Regulations came into force. These Regulations render the transfer in cash of €10,000 or more unlawful as from the date that the Regulations came into force. For the purposes of these Regulations the term cash means physical notes and coins and therefore excludes payments made by cheque, card, bank transfer or other electronic means of transfer. - [Disability caused by medical procedures places onus of proof on professional](https://www.mifsudadvocates.com.mt/disability-caused-by-medical-procedures-places-onus-of-proof-on-professional/) - While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that the medical procedure was carried out with the necessary skill and diligence of the best practices accepted by medical science - [Usury may occur upon the promise of higher interest rates](https://www.mifsudadvocates.com.mt/crime-usury-promise-higher-interest-rate/) - The crime of usury take place even before the transaction, but upon the agreement that the repayment or reward would be higher than 8% - [Vicarious liability in charge sheet must be indicated](https://www.mifsudadvocates.com.mt/vicarious-liability-charge-sheet-indicated/) - A person who is being charged with a crime committed when holding a position in a company, must have this indicated in the charges brought again that person. This was held in a judgement handed down by Magistrate Joseph Mifsud on 5 July, 2017, in The Police -v- Anthony Zammit and Michael Zammit. - [Warrant issued due to actual fear of flight of minor from Malta](https://www.mifsudadvocates.com.mt/warrant-issued-due-to-actual-fear-of-flight-of-minor-from-malta/) - The Family Court has issue a warrant not allowing a minor to travel due to a real fear that the father would take the child aboard without the consent of the mother - [Warrant of prohibitory injunction approved irrespective of special hypothec](https://www.mifsudadvocates.com.mt/warrant-prohibitory-injunction-special-hypothec/) - A Magistrate’s Court upheld an application for a warrant of prohibitory injunction, even though the applicant had a special hypothec in his favour. This was decided by Magistrate Charmaine Galea on 21 August, 2017 in San Lawrenz Leisure Resort Limited and San Lawrenz Operators Limited -v- Waldemar Woyseth von Turow and his wife Halina Dunin-Woyseth von Turow. - [Co-owners may force a sale of common property](https://www.mifsudadvocates.com.mt/co-owners-plaintiff-sell-property-terms-promise-sale-agreement-heirs/) - The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement. - [Warrant upheld once it is satisfying all the requests](https://www.mifsudadvocates.com.mt/warrant-upheld-satisfying-requirements-prohibitory-injunction/) - A warrant of prohibitory injunction may be issued once that the three elements are all adhered to - [Warrants handed out following successful academic qualification](https://www.mifsudadvocates.com.mt/warrants-acadamic-qualification/) - Qualification from a foreign university must match the local and EU regulations for one to be granted a professional warrant. This was explained in a judgement delivered on 16 December, 2016 by the Administrative Review Tribunal presided by Magistrate Dr Charmaine Galea, and Engineers Raymond Vassallo and Norman Zammit in a case Alfred Buttigieg -v- Professional Engineers Board. - [Co-owners may be given the keys of the common property](https://www.mifsudadvocates.com.mt/co-owners-may-given-keys-common-property/) - The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may be the residence of some of them. - [What is clear does not need any interpretation](https://www.mifsudadvocates.com.mt/clear-interpretation/) - The First Hall of the Civil Court held in its judgement of 26 September, 2016, in Marica Mizzi -v- Dr Joseph Muscat, Prime Minister, and Mario Cutajar, Principal Permanent Secretary within the Office of the Prime Minister, that where a contract is clear, it need not be interpreted. - [When a customer tells a service provider to stop, it means stop](https://www.mifsudadvocates.com.mt/customer-stop-service-provider/) - This was held in GO plc v Margaret Camilleri, decided on 12th October, 2017, presided by Dr Anna Mallia. In the application, GO plc asked the Court to order the defendant, Margaret Camilleri to pay €700.30 for services provided. Camilleri replied to this claim that she had on a number of occasions informed the company that the service was not required any longer and asked for it to be disconnected. - [Civil Courts bound to decide on the validity of lease agreements](https://www.mifsudadvocates.com.mt/civil-courts-bound-decide-validity-lease-agreement-jurisdiction-2/) - 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 was decided on 10 January 2022 by the First Hall of the Civil Court presided by Mr Justice Toni Abela in Ronnie Camilleri -v- Abdalhady Hamood. - [Wife loses maintenance because she was the main contributor to breakdown of marriage](https://www.mifsudadvocates.com.mt/wife-loses-maintenance-main-contributor-breakdown-marriage/) - The Court ruled that once the wife contributed to the breakdown of the marriage, she lost the right to maintenance • This was held in PB v JB decided by Civil Court in its family jurisdiction, presided by Judge Abigail Lofaro on 10 January 2023 - [When a Promise of Sale may not be honoured](https://www.mifsudadvocates.com.mt/when-a-promise-of-sale-may-not-be-honoured/) - Mr Justice Lino Farrugia Sacco on 16 December 2013 decided in the lawsuit between Patricia Degiorgio –v- Ramel u Zrar Limited that a promise of sale agreement may not be enforceable if one or more of the conditions listed in the agreement cannot be met. - [Administrators of a vacant inheritance have to follow the procedure to be appointed](https://www.mifsudadvocates.com.mt/administration-vacant-inheritance/) - The First Hall of the Civil Hall did not allow plaintiffs to act as administrators of a vacant inheritance, since they did not follow the correct procedure laid down in the law. This was held in a judgement delivered on 25 May 2016 by Mr Justice Joseph Azzopardi in Paul Vella bhala Kuratur tal-eredita gjacenti ta’ Maria Calleja l-Avukt Dottor Karmenu Mifsud Bonnici bhala amministratur tal-eredita ta’ Tommaso u Concetta Cilia -v- Beatrice Cantania, Anton Cantania u Andre Catania. - [When a settlement is not full and final](https://www.mifsudadvocates.com.mt/full-and-final-settlement/) - A full and final settlement may not necessarily be so and depends on the circumstances of the case. This was decided by Mr Justice Mark Chetcuti in Maria Stella Calleja -v- Brian Degiorgio on 5 October, 2016. - [When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded](https://www.mifsudadvocates.com.mt/verdict-not-unanimous-criminal-court-descretion-punishment-awarded/) - The Court held that the Criminal Court has a discretion to award a punishment in cases of wilful homicide in terms of Article 492(2) of the Criminal Code. This was held by the Criminal Court on 17 July 2023 in Repubblika ta’ Malta vs Michael Emmanuel. - [Civil courts are competent to decide on all civil matters](https://www.mifsudadvocates.com.mt/first-hall-civil-court-civil-matters/) - The First Hall of the Civil Court is competent to decide on all civil matters that are raised before it, unless expressly excluded by law. This was held by Mr Justice Mark Chetcuti on 16 January, 2017 in Emanuel and Carmen Falzon v Rita Dalmas. - [When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation](https://www.mifsudadvocates.com.mt/warrant-does-not-rest-executive-title-executed-any-time/) - Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by auction, then the provisions of Article 258 of the Code of Organisation and Civil Procedure, do not apply - [When buyer discovers defect, he must take legal action within six months](https://www.mifsudadvocates.com.mt/buyer-discover-defect-legal-action-six-months/) - The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted. This was a judgement delivered by Magistrate Dr Consuelo Scerri Herrera on 5 July, 2017 in Carmelo Cassar -v- Mario Zammit in his name and on behalf of Mario Auto Dealer. - [When contractual obligations are outlined clearly in writing, obligations must be honoured](https://www.mifsudadvocates.com.mt/contractual-obligations-writing-honoured/) - The Court ruled that when contractual obligations are outlined clearly in writing, such contractual obligations must be honoured and other interpretations should not be taken into account. This was held in Philippe Guillaut vs HOSI Malta Limited decided by the Civil Court First Hall, presided by Honourable Judge Christian Falzon Scerri on the 16th January 2023. - [When landlord offers tenant alternative accommodation, this has to be done in good faith](https://www.mifsudadvocates.com.mt/landlord-offers-tenant-alternative-accommodation-good-faith/) - Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must be in good faith - [When one plea may cancel another](https://www.mifsudadvocates.com.mt/one-plea-cancels-another/) - This was held in a judgement delivered by Ms Justice Anna Felice on 10 October, 2017 in Arnold Joseph Grech and Doris Grech -v- Jimfard Company Limited, Muscat and Gatt Construction Limited and GAM Limited. - [When parties create a contract written part of agreement](https://www.mifsudadvocates.com.mt/parties-create-contract-presumed-part-agreement/) - The Court heard the facts presented by the parties, which explained that the two band clubs, both found in Hal Qormi, had created a contract in 1999 in order to regulate which marches could be played by the respective clubs - [When permission is requested on site with illegalities](https://www.mifsudadvocates.com.mt/when-permission-requested-on-site-illegalities/) - The Commission turned down the said application of an agricultural field situated outside the development zone of Marsascala after it held that the site was characterised by a multitude of illegalities - [Administrative decisions cannot be revoked without consultation](https://www.mifsudadvocates.com.mt/administrative-decisions-revoked-without-consultations-third-party-complains/) - Authorities cannot reply merely on third party complains when it revokes decisions it had previous taken. This was held by the Court of Appeal, presided by Mr Justice Lawrence Mintoff on 20 October 2021 in Joseph Borg -v- Awtorita ghat-Trasport f’Malta. - [When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory](https://www.mifsudadvocates.com.mt/rosecution-rests-witness-testimony-safe-satisfactory/) - For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe and satisfactory - [When public interest comes into play](https://www.mifsudadvocates.com.mt/public-interest-comes-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 delivered by the First Hall of the Civil Court, in its constitutional jurisdiction, presided by Judge Anna Felice, Il-Pulizija -v- Robert k/a Robbie Borg on 29 March 2022. - [When signing an agreement, you are bound by that agreement](https://www.mifsudadvocates.com.mt/igning-agreement-bound-terms-contract/) - When one signs an agreement that would be an indication that he or she would be agreeing to all the terms of the agreement - [Who fails to present statement of defence on time, may do so only in exceptional circumstances](https://www.mifsudadvocates.com.mt/ails-to-present-statement-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 only in exceptional circumstances. - [Administrative decision must be notified to applicant and not to lawyer](https://www.mifsudadvocates.com.mt/administrative-decision-notification-applicant/) - The Administrative Review Tribunal decided that decisions on applications for mini-van licences must be notified to the applicants and not sent to their lawyer. This was held in Josef Borg v Awtorita’ ghat-Trasport f’Malta on 23 January, 2014, presided by Magistrate Charmaine Galea. - [Women's Rights from an Employment Law Perspective](https://www.mifsudadvocates.com.mt/women-right-employment-law/) - The emancipation of women in Malta has been a long and ongoing process, marked by several significant milestones. Since Malta gained its independence in 1964, significant efforts have been made to promote gender equality and empower women. - [Actions must be filed within the prescribed time](https://www.mifsudadvocates.com.mt/actions-filed-prescribed-time/) - A court turned down an action which was instituted after a 20-day period stipulated by Article 466 of the Code of Organisation and Civil Procedure. This was decided by Mr Justice Lawrence Mintoff in ARMS Limited -v- Uddin Hallim on 2 June, 2017. - [Actions concerning legacies are to be dealt with by the Superior Courts irrespective of the value](https://www.mifsudadvocates.com.mt/actions-concerning-legacies/) - When the Superior Courts are faced with an action concerning a testimony legacy, then that Court has jurisdiction to hear and decide the case, irrespective of the value of the property, which is subject to the legacy. His was held by the First Hall of the Civil Court against Antoinette Degiorgio -v- Doris Testa et on 24 February 2022. - [Works on a pavement may contribute spoliation](https://www.mifsudadvocates.com.mt/works-pavement-contribution-spoliation/) - Works carried by one of two warring bar owners constituted spoliation of the other bar owner. This was decided by Magistrate Joanne Vella Cuschieri on 4 April 2017 in Kenneth Grech v Pubblius Buttigieg. In his application, Kenneth Grech told the Court that he runs Royal Lady Bar in Mgarr and the defendant runs the bar next door to him. Grech accused Buttigieg of placing concrete on the pavement in front of his car. Grech held that this constitutes spoliation. - [You can only sell what you have](https://www.mifsudadvocates.com.mt/you-can-only-sell-what-you-have/) - A promise of sale agreement could not have been entered into because the seller did not yet own the property. This was held in John Paul Darmanin vs Fiona CNG Laycy decided on 6 June 2023, by the First Hall of the Civil Court presided by Mr Justice Francesco Depasquale. - [Act XX of 2022 amending the Employment and Industrial Relations Act on Probationary Periods](https://www.mifsudadvocates.com.mt/amendment-probationary-period-working-conditions-european-union-employment-law/) - Act XX of 2022 was enacted on the 20th December 2022 to partially transpose Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union into Maltese Law. - [Civil Court has competence to hear issues dealing with commercial rural leases](https://www.mifsudadvocates.com.mt/civil-court-commercial-rural-leases-rural-zone/) - The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in a judgement delivered by Madame Justice Joanne Vella Cuschieri on 5 June 2020 in Iris Cauchi et -v- Carmel Abela. The Cauchis filed a sworn application before the First Hall of the Civil Courts, in which they explained that they are the owners of land in Zejtun which is now being used as an animal farm. In 2013 they called on Abela to terminate the lease and therefore, they asked the court to order the defendant to vacate the premises since he is without a title. - [Changes to names of parties of a lawsuit may be corrected](https://www.mifsudadvocates.com.mt/changes-name-parties-lawsuit-corrected/) - The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further. - [Cash payments still have to be proved](https://www.mifsudadvocates.com.mt/cash-payment/) - Persons who claim that they had already paid their debts in cash, still have to prove the payment, if they are faced with a claim that the payment was not made. This was decided by the Court of Appeal in Peter Saffrett –v- Darren Galea on 23 March 2016. - [Bills of Exchange will not be enforced if they are a result of usury](https://www.mifsudadvocates.com.mt/bills-exchange-element-usury-not-enforceable-empowered-court/) - If the Court establishes that a bill of exchange has an element of usury, then it is empowered not to render it enforceable. - [Accepting the rent irrespective of breach of contract has its consequences](https://www.mifsudadvocates.com.mt/accepting-rent-breach-contract-consequences-lessor-lessee/) - The fact that the lessor accepted the rent for several years, even though there was a breach of the lease conditions on the part of the lessee, has its consequences. This was held in a judgement delivered on 27 September 2021 in Bonnici & Zahra Limited -v- Caros Holdings Limited by the Rent Regulation Board presided by Magistrate Dr Josette Demicoli. The Applicant Company filed an application wherein it explained that the Parties entered into a lease agreement with Caros Holdings to rent out a commercial complex in Qormi. The lease agreement was signed in 2000 and during these 20 years the lease agreement was extended. - [Carpenter has to pay for difference of prices for replacement works](https://www.mifsudadvocates.com.mt/carpenter-has-to-pay-for-difference-of-prices-for-replacement-works/) - The Magistrate’s Court in Gozo ordered a carpenter to pay for the difference in price of replacement of doors, after it was established that bad workmanship was carried out. - [Bank revives company with the hope of receiving payment](https://www.mifsudadvocates.com.mt/bank-revives-company-receives-payment-creditors-debt/) - The law provides that creditors of a company which had been struck off from the Companies Register may be revived to be able to pay a debt. This was held by Mr Justice Ian Spiteri Bailey in APS Bank plc -v- Ir-Reġistratur tal-Kumpaniji decided on 11 October 2021. - [Is it the parish or the parish priest?](https://www.mifsudadvocates.com.mt/is-it-the-parish-or-the-parish-priest/) - The Magistrates Court in its Superior Jurisdiction in Gozo ruled that a damages case relating to the construction of a cemetery is Nadur, should have been filed against the parish and not against the parish priest. This was decided by Magistrate Joanne Cuschieri on 15 November, 2016 in Martin Camilleri et -v- Rev Archpriest Jimmy Xerri and Victor Guzman. - [Investment companies should update their customers to allow them to query](https://www.mifsudadvocates.com.mt/investment-companies-should-update-their-customers-to-allow-them-to-query/) - Investment companies should inform their customers on how their investment is developing in order to allow them to take educated decisions and query investment brokers on their investments - [Interpretation of a contract is taken from the wording of the contract](https://www.mifsudadvocates.com.mt/interpretation-of-a-contract-is-taken-from-the-wording-of-the-contract/) - The First Hall of the Civil Courts held in its judgement of 24 February, 2016 in Gordon and Charlene Farrugia –v- Aldo Farrugia, that if one is to interpret a contract one sees the wording of that contract and not other evidence that may be produced. - [Interim measures only granted by the Constitutional Court when no ordinary remedy is available](https://www.mifsudadvocates.com.mt/interim-measures-only-granted-by-the-constitutional-court-when-no-ordinary-remedy-is-available/) - Interim measures will only be granted by the Constitutional Court when no ordinary remedy is at the disposition of the claimant. - [Interim measures in human rights cases should be applied in exceptional cases](https://www.mifsudadvocates.com.mt/interim-measures-in-human-rights-cases-should-be-applied-in-exceptional-cases/) - An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger. This was held in judgement delivered by the First Hall of the Civil Court in its Constitutional Jurisdiction, presided by Mr Justice Grazio Mercieca on 12 August 2022. The name of the case is Alfred Degiorgio -v- L-Avukat ta’ l-Istat. - [Care and custody of a child is based on the principle of what is in the best interest and advantage of that child](https://www.mifsudadvocates.com.mt/care-custody-child-principle-best-interest-advantage/) - Care and custody is not based solely on who is the better parent, but the court must see the best interest of the child in the widest sense. This was decided by the Civil Court (Family Section) presided by Mr Justice Anthony Vella in AB -v- CD. The judgement was delivered on 27 September 2022. - [Insurance policy holder should be in breach of policy to be held responsible for damages](https://www.mifsudadvocates.com.mt/insurance-policy-holder-should-be-in-breach-of-policy-to-be-held-responsible-for-damages/) - An insurance company may only claim against a policy holder for damages it paid out if the policy holder is in breach of its insurance policy. This was held by the Court of Appeal, presided by Mr Justice Anthony Ellul, on 14 December, 2016 in Gasan Mamo Insurance Limited -v- Pierre Carabott and Gilmore Cachia. - [Individuals cannot insist for the government to issue property on tender](https://www.mifsudadvocates.com.mt/individuals-cannot-for-the-government-to-issue-property-on-tender/) - Although individuals may have property adjacent to government land, they do not have a right to insist that the land is issued on tender and transferred to them. This was held by the Administrative Review Tribunal on 22 August 2022 in Charles Fenech and Edmea Fenech -v- Awtorita tal-Artijiet. The Tribunal was presided by Magistrate Charmaine Galea. - [In spoliation, the perpetrator must be identified](https://www.mifsudadvocates.com.mt/in-spoliation-the-perpetrator-must-be-identified/) - The Magistrates’ Court in Gozo, presided by Magistrate Dr Joanne Vella Cuschieri in Kenneth Cutajar -v- brothers Lawrence Attard, Joseph Attard, Mariano Attard and George Attard, and siblings Joseph Sultana, Rose Sultana and Gilbert Sultana, held that the court was unable to accept the claim that spoliation took place, because the person who carried out this spoliation could not be identified. - [Can the rearing of pigeons amount to harassment?](https://www.mifsudadvocates.com.mt/rearing-pigeons-amount-harassment-principle-offence-intention/) - The offence of harassment requires the principle of this offence to behave in such a way with the intention of causing the harassment. The harassment needs to result from repetitive deliberate behaviour, with the intention to annoy a person. A distinction should be made between harassment and a mere inconvenience. This was held in a Court of Magistrates as a Court of Criminal Judicature judgement, presided by Magistrate Dr Simone Grech in ‘Il-Pulizija v. Justin Cutajar’. This judgement was delivered on the 28th July 2021. - [Can the FIAU be challenged?](https://www.mifsudadvocates.com.mt/fiau-challenge/) - While the financial services sector in Malta continues to deal with the economic fallout caused by COVID-19, ever-changing regulations and the effects of reputational damage, Dr Malcolm Mifsud, Founding Partner at Mifsud & Mifsud Advocates, sheds light on the role of the Financial Intelligence Analysis Unit (FIAU), and how the national regulator is also subject to checks and balance. - [Abduction cases against parent based on UN Convention procedurally defective](https://www.mifsudadvocates.com.mt/abduction-convention-rights-child-states-individuals-child-custody-procedurally-defective/) - The Convention on the Rights of the Child only pertains to States, and not individuals - [Can a ‘force majeure’ clause be invoked in view of COVID-19?](https://www.mifsudadvocates.com.mt/can-force-majeure-clause-invoked-covid-19/) - A ‘force majeure’ clause is commonly inserted in contracts as a means to excuse the performance of a contract on the basis of a defined set of circumstances, which could include but are not limited to wars, acts of God such as floods, earthquakes, etc. A ‘force majeure’ clause is therefore invoked by parties to be released from executing their obligations. - [Impossibility of paying maintenance is no defence in criminal proceedings](https://www.mifsudadvocates.com.mt/impossibility-of-paying-maintenance-is-no-defence-in-criminal-proceedings/) - The defence of impossibility in criminal proceedings does not eliminate criminal responsibility. This was held in a Court of Criminal Appeal judgment presided by Mr Justice Giovanni Grixti in Il-Pulizija –v- Donald Gilford. This judgement was delivered on 26 July 2021. - [Il-Ħlas tal-manteniment waqt il-COVID 19](https://www.mifsudadvocates.com.mt/il-hlas-tal-manteniment-waqt-il-covid-19/) - Il-Covid-19 poġġiet pressjoni finanzjarja fuq ħafna. L-għeluq ta’ ajruporti, hotels, bars u ristoranti u bosta postijiet tax-xogħol fisser li hemm min tilef l-impjieg tiegħu għal kollox jew kellu jaċċetta riduzzjoni fil-paga f’termini tal-pakketti ta’ assistenza governattiva. Għal dawk li kull xahar iħallsu manteniment versu l-konjugi jew it-tfal tagħhom ċertament ser iħossu l-piż u ser isaqsu jekk jistax isir xi ħaġa fiċ-ċirkustanzi. - [Digital Platform Delivery Wages Council Wage Regulation Order](https://www.mifsudadvocates.com.mt/digital-platform-delivery-wages-council-wage-regulation-order/) - Recently, Malta witnessed a sudden growth in services provided by means of digital platforms. However, persons engaged to provide their services on such digital platforms remained highly unregulated, which led to numerous issues in determining the existence of an employment relationship or otherwise and consequently, the rights and obligations which would be attached thereto. - [If you engage an incompetent person, you are responsible for damages caused](https://www.mifsudadvocates.com.mt/if-you-engage-an-incompetent-person-you-are-responsible-for-damages-caused/) - Damages caused by a incompetent contractor, will be charged to the party who engaged that contractor. This was held in a Court of Appeal judgement on 5 November 2020 in Lucia Fenech -v- Christopher Frendo and Y Projects Limited called into suit. The Court of Appeal was presided by Mr Justice Lawrence Mintoff. - [If you broke your leg 50 years ago, tell your medical insurance provider](https://www.mifsudadvocates.com.mt/if-you-broke-your-leg-50-years-ago-tell-your-medical-insurance-provider/) - The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can claim - [If you are appointed by a minister, you are Government](https://www.mifsudadvocates.com.mt/if-you-are-appointed-by-a-minister-you-are-government/) - The Court indicated that although the Superintendence of Cultural Heritage has a separate judicial personality, it still has the characteristics of a government agency and forms part of the government structures. - [If there is no fraud, the best evidence rule should apply on the quantum of a claim](https://www.mifsudadvocates.com.mt/if-there-is-no-fraud-the-best-evidence-rule-should-apply-on-the-quantum-of-a-claim/) - The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is to apply the best evidence rule and choose the more convincing valuation. - [Departmental decision is required for judicial review](https://www.mifsudadvocates.com.mt/departmental-decision-is-required-for-judicial-review/) - A government department’s decision not to divulge information to persons being investigated is not sufficient to justify a judicial review by the court. A court may delve into a government department’s decision and not into preparatory measures. This was decided on 2 March, 2016 by Mr Justice Mark Chetcuti in John Grech and his wife Maria Carmela Grech –v- the Commissioner of Inland Revenue. - [If the accused understands the charges, then guilty plea stands](https://www.mifsudadvocates.com.mt/if-the-accused-understands-the-charges-then-guilty-plea-stands/) - If the accused understands the charges he is admitting to, then that guilty plea is valid at law and cannot be overturned. This was held in a judgement delivered by the Court of Criminal Appeal in Il-Pulizija -v- Yunus Yusif on 19 July 2021. The Court was presided over by Mr Justice Giovanni Grixti. - [If one wants to file an action for a retrial, the appropriate procedure must be used](https://www.mifsudadvocates.com.mt/if-one-wants-to-file-an-action-for-a-retrial-the-appropriate-procedure-must-be-used/) - Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure. This was held in Pawla Zerafa et v Raymond Formosa et decided on 20 May 2021 by the First Court of the Civil Courts presided by Judge Joanne Vella Cuschieri. - [A new lease agreement is deemed to be renunciation of the old lease agreement](https://www.mifsudadvocates.com.mt/new-lease-agreement-deemed-renunciation-old-lease-agreement/) - When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact mean that he would be legally accepting the termination. This was held in Gismond Attard et -v- Yog.Art Catering Limited decided by the Court of Appeal on 2 November 2022, presided by Mr Justice Lawrence Mintoff. - [Data Protection and Employee Privacy - ICLG to Employment and Labour Law 2021](https://www.mifsudadvocates.com.mt/data-protection-and-employee-privacy-iclg-to-employment-and-labour-law-2021/) - In an employment relationship, employers and employees take on the roles of data controllers and data subjects, respectively. An employer would be under the obligation to process any personal data pertaining to the employee in virtue of the Data Protection Act (hereinafter referred to as ‘DPA’), Chapter 586 of the Laws of Malta and the European Union General Data Protection Regulations (hereinafter referred to as ‘GDPR’). - [Data Protection and Employee Privacy - ICLG to Employment and Labour Law 2022](https://www.mifsudadvocates.com.mt/data-protection-and-employee-privacy-iclg-to-employment-and-labour-law-2022/) - In an employment relationship, employers and employees take on the roles of data controllers and data subjects, respectively. An employer would be under the obligation to process any personal data pertaining to the employee in virtue of the Data Protection Act (hereinafter referred to as ‘DPA’), Chapter 586 of the Laws of Malta and the European Union General Data Protection Regulations (hereinafter referred to as ‘GDPR’). - [Data Protection and Employee Privacy - ICLG to Employment and Labour Law 2023](https://www.mifsudadvocates.com.mt/data-protection-and-employee-privacy-iclg-to-employment-and-labour-law-2023/) - In an employment relationship, employers and employees take on the roles of data controllers and data subjects, respectively. An employer would be under the obligation to process any personal data pertaining to the employee in virtue of the Data Protection Act (hereinafter referred to as ‘DPA’), Chapter 586 of the Laws of Malta and the European Union General Data Protection Regulations (hereinafter referred to as ‘GDPR’). - [A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgement](https://www.mifsudadvocates.com.mt/tenant-relying-articles-law-prove-title-evicted-following-constitutional-judgment/) - Following a constitutional judgement declaring that the owner’s property rights have been infringed, a tenant may be evicted if he solely rests upon the articles of the law to prove his title. This was stated in Rebecca Hyzler Et. vs Anthony Vella u Maria Rita sive Maria Vella decided by the Rent Regulation Board on the 22nd May 2023. The Board was presided over by Magistrate Dr Joseph Gatt. - [A suspicion is not evidence](https://www.mifsudadvocates.com.mt/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 Appeal judgement delivered on 28 July 2022 in Il-Pulizija -v- Clive Agius. The Court was presided by Mr Justice Giovanni Grixti. - [Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit](https://www.mifsudadvocates.com.mt/human-rights-cases-where-remedy-sought-affects-rights-of-private-citizens-are-to-be-joined-in-the-suit/) - The Court concluded that Xuereb has an interest in the proceedings because the law gave him the right to institute them. - [Defence of insanity upheld](https://www.mifsudadvocates.com.mt/defence-of-insanity-upheld/) - The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence. - [How do Maltese Courts determine care and custody disputes?](https://www.mifsudadvocates.com.mt/how-do-maltese-courts-determine-care-and-custody-disputes/) - The term ‘care and custody’ is not defined under Maltese law. It refers to the significant role that both parents have towards the upbringing and day to day care of their children. In a typical family unit, the care and custody of the children is the responsibility of both parents jointly and entails having both physical and legal custody of the children. - [How can you enforce a judgement against your debtors’ assets in the Europe Union?](https://www.mifsudadvocates.com.mt/how-can-you-enforce-a-judgement-against-your-debtors-assets-in-the-europe-union/) - Creditors may face difficulties in retrieving the sum owed to them by a debtor and one of the reasons is that the debtors’ assets would not be found in Malta. Even with a judgement in favour of the creditor from the Maltese Courts, it can be difficult for them to attack a debtors’ assets which are not held locally due to the time and money involved in instituting intermediary proceedings in a foreign court in order for the Maltese judgement to be recognised and subsequently enforced. Such court cases are referred to as exequatur proceedings, which refer to cases where a Court of one EU member state would need to recognise the judgement of another EU member state and declare its enforceability. This provides an extra hurdle for the creditor, since the debtor would have the opportunity to oppose the enforceability of the judgement against him in such other country. - [Debtor must prove set-off if it is being claimed](https://www.mifsudadvocates.com.mt/debtor-must-prove-set-off-if-it-is-being-claimed/) - If a debtor claims that the debt is paid through a set-off then it is the debtor who has to prove this and not the creditor. - [Housewife and pensioner still entitled to permanent disability compensation following accident](https://www.mifsudadvocates.com.mt/housewife-and-pensioner-still-entitled-to-permanent-disability-compensation-following-accident/) - The Civil Court held in its judgement that the driver who hit a pedestrian should still have used better judgement, even though she was blinded by the sun when the accident took place. - [A right not falling precisely within original claim may be decided upon by Courts](https://www.mifsudadvocates.com.mt/first-court-claim-exceed-competence-fair-decide-impose-costs-plaintiff/) - The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the issue rather than imposing further costs on the plaintiff to simply have the case decided by a different Court. - [Hints of acceptance of debt, sufficient to interrupt prescription](https://www.mifsudadvocates.com.mt/hints-of-acceptance-of-debt-sufficient-to-interrupt-prescription/) - The Court of Appeal on 21 March 2017 held that an email message saying that the debtor will process a payment is sufficient to interrupt prescription. This was held in a judgement in MM Workshop Ltd v Civil Protection Department delivered by Mr. Justice Anthony Ellul. - [Harassment is harassment if there is more than one incident](https://www.mifsudadvocates.com.mt/harassment-is-harassment-if-there-is-more-than-one-incident/) - The Magistrates’ Court held in a criminal case that for harassment to succeed the prosecution have to prove that the victim has to suffer more than one incident from the same perpetrators. This was decided on 9 May 2016 by Magistrate Natasha Galea Sciberras in a case against two youths, whose names have been banned. They were both charged with harassing and attacking another youth and causing damages to a car. - [High Net Worth Individual Scheme for Permanent Residency in Malta](https://www.mifsudadvocates.com.mt/high-net-worth-individual-scheme-for-permanent-residency-in-malta/) - Malta offers a wide range of schemes and programmes to those individuals opting to establish their permanent residence in its jurisdiction. The High Net Worth Individual Scheme, introduced in 2011, proved to be particularly attractive for those seeking to benefit from a special tax status in a country which suits their standard of living. - [Harassment takes place when there is a multitude of incidents](https://www.mifsudadvocates.com.mt/harassment-takes-place-when-there-is-a-multitude-of-incidents/) - Magistrate’s Court held that it is not sufficient for harassment to stick if there is only one incident, there must be more than one. This was held in a court judgement, the Police -v- Tristan Tedesco, handed down by Magistrate Donatella Frendo Dimech on 8 August, 2017. - [Harassment at the Place of Work](https://www.mifsudadvocates.com.mt/harassment-at-the-place-of-work/) - All places of work should offer a safe working environment, whereby employers and employees will be able to carry out work efficiently and productively, free from any type of harassment. - [Grandparents' juridical interest to request access to grandchildren](https://www.mifsudadvocates.com.mt/grandparents-have-a-juridical-interest-to-request-access-to-grandchildren/) - EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best interest to continue to have a relationship with their grandparents. - [Guarantees offering general and special hypothecs in favour of a bank, more than adequate security](https://www.mifsudadvocates.com.mt/guarantees-offering-general-and-special-hypothecs-in-favour-of-a-bank-more-than-adequate-security/) - The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants. - [Good faith is an essential component of contracts](https://www.mifsudadvocates.com.mt/good-faith-is-an-essential-component-of-contracts/) - A contractual obligation is created through an agreement that is reached between two or more parties and which must be carried in good faith. Such contractual obligations are binding by law and are subject to enforcement against any party that fails to honour them. - [Damages arise when a co-owner excludes another co-owner](https://www.mifsudadvocates.com.mt/damages-arise-when-a-co-owner-excludes-another-co-owner/) - The First Hall of the Civil Court on 15 March 2016, delivered a judgement in Paul Lungaro -v- Salvino Lungaro. Mr Justice Lawrence Mintoff held that if a co-owner of a business excludes another, then that co-owner is liable for damages. In his writ of summons presented on 6 October, 1995, Paul Lungaro explained that the defendant is his brother. His father, who operated the hospital canteen at St Luke Hospital, died without a will in January, 1969. Upon their father’s death, the operation of the canteen was taken over by the defendant and another brother, Anthony. The lease of the canteen was held by the mother, who died in May 1986. - [Garnishee order must be issued by court competent to take cognizance of the matter](https://www.mifsudadvocates.com.mt/garnishee-order-must-be-issued-by-court-competent-to-take-cognizance-of-the-matter/) - The issuing of a garnishee order by a court, that does not have the authority to issue it due to a lack of competence to take cognizance of the matter, is invalid. - [Garnishee order may change if circumstances change](https://www.mifsudadvocates.com.mt/garnishee-order-may-change-if-circumstances-change/) - A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie investigation it is no longer necessary. - [Fundamental elements of the warrant of prohibitory injunction](https://www.mifsudadvocates.com.mt/fundamental-elements-of-the-warrant-of-prohibitory-injunction/) - The warrant of prohibitory injunction prevents a person or entity from doing anything that may be prejudicial to the person requesting such warrant. The applicant must prima facie prove that his rights were prejudiced to substantiate the issuance of such warrant. This was held in a judgement delivered by the Civil Court First Hall in Tonio D’Amato v. Soċjeta’ Ċentru Rekrejattiv Guy Boċċi Club Żurrieq et, on the 20th July 2021. The Court was presided over by Mr Justice Francesco Depasquale. - [Fund administrators and trustees cannot depend on advice given by other professionals](https://www.mifsudadvocates.com.mt/fund-administrators-and-trustees-cannot-depend-on-advice-given-by-other-professionals/) - Fund administrators and trustees of pensions funds must administer the investments in a diligent manner and not depend solely of what third party advisers recommend. This was held in a Court of Appeal judgement delivered on 26 November 2021 in Jane Coleman -v- STM Malta Trust Company Management Limited. The Court of Appeal was presided by Mr Justice Lawrence Mintoff. - [For a tender to be cancelled, serious irregularities must be proven](https://www.mifsudadvocates.com.mt/for-a-tender-to-be-cancelled-serious-irregularities-must-be-proven/) - The fact that the contracting authority did not follow anti competition recommendations does not mean that the tender should be cancelled. This was held by the Court of Appeal, presided by the Chief Justice Mark Chetcuti and Judges Giannino Caruana Demajo and Anthony Ellul on 6 September 2022. The case’s name is Vivian Corporation Limited -v- Central Procurement and Supplies Unit et - [Fingerprints alone may be sufficient for an accused to be found guilty of theft](https://www.mifsudadvocates.com.mt/fingerprints-alone-may-be-sufficient-for-an-accused-to-be-found-guilty-of-theft-2/) - There is no need of other circumstantial evidence, if fingerprints are found, in order to convict a suspect of theft. This was held by the Court of Criminal Appeal on 4 July 2023 in Pulizija vs Derrin Fenech sive Derrin Edward Fenech. The Court was presided by Mr Justice Neville Camilleri. - [Filing late reply before Arbiter for Financial Services has consequences](https://www.mifsudadvocates.com.mt/filing-late-reply-before-arbiter-for-financial-services-has-consequences/) - The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies. - [False criminal report and calumnious accusations are separate offenses](https://www.mifsudadvocates.com.mt/false-criminal-report-and-calumnious-accusations-are-separate-offenses/) - The Magistrates Court, presided by Magistrate Dr Joseph Mifsud, explained in his judgement delivered on 17 August 2016 in Il-Pulizija v Eebis Getu, that the charges of a false criminal report and calumnious accusations may be factually similar, however, from a legal point of view they are two separate and distinct charges. - [A direct relationship establishes a juridical relationship](https://www.mifsudadvocates.com.mt/direct-relationship-juridical-third-party/) - The involvement of a third party in a contract of works puts in doubt the juridical relationship between the parties. This was held in Rasem Al Soulaiman v Marija Caruana, Adrian Busietta and Castello dei Baroni Limited decided on 5 May 2021 by the Court of Appeal presided by Mr Justice Lawrence Mintoff. - [Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing](https://www.mifsudadvocates.com.mt/failure-to-notify-parties-in-accordance/) - The fundamental right to a fair hearing is infringed when parties are not notified of proceedings being instituted against them. - [A co-owner has to pay his share for urgent works](https://www.mifsudadvocates.com.mt/coowner-urgent-works/) - The First Hall of the Civil Court on 22 March, 2016 in John sive Juanito Pullicino –v- Carm Lino Scerri, laid down that a co-owner may force another co-owner to pay his share of work in a property owned jointly, as long as these works are urgent and necessary. - [A bank guarantee is an autonomous obligation](https://www.mifsudadvocates.com.mt/a-bank-guarantee-is-an-autonomous-obligation/) - A bank guarantee is intended to allow comfort for the bank to be paid for a service given. This was held in a court judgement delivered by Mr Justice Joseph Micallef in Clarosa Hotels Limited v APS Bank Limited, Bank of Valletta for any interest it may have and Rosario Tabone and Claudia Spiteri Sacco. - [The Revival of a Company is Done For Exceptional Reasons](https://www.mifsudadvocates.com.mt/revival-company-exceptional-reasons/) - The Court will revive a company which would have been struck off within five years only for exceptional reasons. - [Appeals Court annuls judgement after Court fails to list articles of law](https://www.mifsudadvocates.com.mt/appeals-court-annuls-judgment-after-court-fails-list-articles-law/) - In the case of Police vs Keith Pace, the Court of Criminal Appeal declared that a judgement is null and void since the First Court failed to list the Articles of Law when it found an accused guilty of all the charges ## Pages - [Home](https://www.mifsudadvocates.com.mt/) - Mifsud and Mifsud Advocates is a multidisciplinary law firm in Malta set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. Situated in the heart of Malta's capital city, Valletta, this law firm prides itself in having always furnished its clients with the most effective solutions which always meet and exceed their expectations. Upholding a work-ethic based on honesty and integrity, Mifsud & Mifsud Advocates aids its clients in achieving positive results expediently and efficiently, whatever the nature of the issue brought before it may be. - [Employment Law in Malta](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/) - OUR SERVICES EMPLOYMENT LAW IN MALTA Employment Law in Malta promotes and safeguards good working relationships amongst all employers and employees, focusing on principles of fairness, equality, flexibility and safe and healthy work environments. At Mifsud & Mifsud we assist employers and employees alike across all areas of Maltese employment law. EMPLOYERS As the Maltese - Malta - [Paul Radmilli](https://www.mifsudadvocates.com.mt/our-team/paul-radmilli/) - Paul Radmilli Associate Paul Radmilli is an Associate at Mifsud & Mifsud Advocates, handling legal cases in a number of areas including, Family Law, Intellectual Property Rights, Personal Injury and Public Procurement Law. As a Family Law lawyer, Paul provides legal counsel on matters related to separation and divorce cases, in particular care and custody, - [Our Team](https://www.mifsudadvocates.com.mt/our-team/) - Mifsud and Mifsud Advocates is a multidisciplinary law firm set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. Situated in the heart of Malta's capital city, Valletta, this law firm prides itself in having always furnished its clients with the most effective solutions which always meet and exceed their expectations. Upholding a work-ethic based on honesty and integrity, Mifsud & Mifsud Advocates aids its clients in achieving positive results expediently and efficiently, whatever the nature of the issue brought before it may be. - [Rachel Lowell](https://www.mifsudadvocates.com.mt/our-team/rachel-lowell/) - Rachel Lowell Junior Associate Rachel Lowell graduated with a Bachelor of Laws (Honours) from the University of Malta in November 2024. She is currently a legal trainee at Mifsud & Mifsud Advocates, where she primarily focuses on Employment Law and Company and Commercial Law. During her time at the University of Malta, Rachel served as - [Immigration](https://www.mifsudadvocates.com.mt/practice-areas/immigration/) - OUR SERVICES IMMIGRATION A small Island in the middle of the Mediterranean Sea, boasting a year round warm climate, scenic views and a kind-hearted friendly nation makes Malta an attractive place for any tourist to visit. It is however also becoming an increasingly popular choice for residency, given the various opportunities, schemes and tax benefits - [Marylise Sacco](https://www.mifsudadvocates.com.mt/our-team/marylise-sacco/) - Marylise Sacco Director Accounting and Tax Compliance Marylise Sacco is an Executive Director at Aegis Corporate Services Limited, specialising in accounting and tax compliance. In her role, she handles accountancy, tax, VAT, payroll, and other related matters for external clients, as well as overseeing internal accounting for Aegis Corporate Services, Mifsud & Mifsud Advocates, and - [Jodie Darmanin](https://www.mifsudadvocates.com.mt/our-team/jodie-darmanin/) - Jodie Darmanin Associate Jodie Darmanin is an Associate at Mifsud & Mifsud Advocates, specialising in Maritime Law & Shipping. As a maritime lawyer, Jodie provides legal guidance and advice to ship owners, ship financiers, and ship operators facing a wide range of maritime issues. Jodie’s expertise includes assisting clients with the sale and acquisition of - [Ian Barbara](https://www.mifsudadvocates.com.mt/our-team/ian-barbara/) - Ian Barbara Associate Ian Barbara is an Associate at Mifsud & Mifsud Advocates, specialising in Civil Litigation. As a civil litigation lawyer, Ian provides legal guidance to individuals facing challenges in debt recovery, commercial disputes, inheritance and succession planning, and property-related matters. With a focus on understanding his clients’ needs, Ian has gained valuable experience - [Contact Us](https://www.mifsudadvocates.com.mt/contact-us/) - Mifsud & Mifsud Advocates is a multidisciplinary law firm set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. Situated in the heart of Malta's capital city, Valletta, this law firm prides itself in having always furnished its clients with the most effective solutions which always meet and exceed their expectations. Upholding a work-ethic based on honesty and integrity, Mifsud & Mifsud Advocates aids its clients in achieving positive results expediently and efficiently, whatever the nature of the issue brought before it may be. - [Rossana Farrugia](https://www.mifsudadvocates.com.mt/our-team/rossana-farrugia/) - Rossana Farrugia Senior Associate Rossana joined Mifsud & Mifsud Advocates as an Associate in August 2022 and assists clients in civil and constitutional disputes with her area of focus being property law. Rossana graduated as a lawyer in 2017 and was admitted to the Maltese Bar and granted her warrant to practice as a lawyer - [Mattea Abdilla](https://www.mifsudadvocates.com.mt/our-team/mattea-abdilla/) - Mattea Abdilla Associate / AML Compliance Manager Mattea Abdilla is an AML Compliance Manager at Aegis Corporate Services Limited, specialising in Anti-Money Laundering legislation. As an Anti-Money Laundering lawyer, Mattea is mainly responsible for the drafting and updating of the AML policies of Aegis Corporate Services Limited and Mifsud & Mifsud Advocates. Mattea also provides - [Roberta Bonello Felice](https://www.mifsudadvocates.com.mt/our-team/roberta-bonello-felice/) - Roberta Bonello Felice Associate Roberta Bonello Felice joined the litigation department at Mifsud & Mifsud Advocates in 2023. Roberta’s main areas of expertise are criminal and family law. Roberta has been specialising in criminal law for the past five years and has represented numerous clients, acting as both defence counsel as well as representing clients - [Malcolm Mifsud](https://www.mifsudadvocates.com.mt/our-team/malcolm-mifsud/) - Malcolm Mifsud Founding Partner Malcolm qualified as a lawyer in 1995 and was engaged as an associate in one of Malta’s largest law firms. He branched out on his own in 1998 and participated in partnerships that developed into to Mifsud & Mifsud Advocates, which he co-founded with his brother Cedric in 2007. Malcolm has - [Gianluca Cappitta](https://www.mifsudadvocates.com.mt/our-team/gianluca-cappitta/) - Gianluca Cappitta Partner Gianluca graduated as an advocate in 2014 and was warranted to practice law in 2015. He joined Mifsud & Mifsud Advocates as an associate in 2015 after three years of training within the firm. Apart from litigation and provision of legal advice, Gianluca is primarily tasked with handling immigration work, vetting of - [Charlene Baldacchino Gauci](https://www.mifsudadvocates.com.mt/our-team/charlene-gauci/) - Charlene Baldacchino Gauci Senior Associate Charlene Baldacchino Gauci is a Senior Associate at Mifsud & Mifsud Advocates, specialising in Employment Law and Maritime Law. As an employment lawyer, Charlene provides legal counsel to employers and employees alike, as they seek guidance on their rights and obligations within the framework of employment law. Over the years, - [Cedric Mifsud](https://www.mifsudadvocates.com.mt/our-team/cedric-mifsud/) - Cedric Mifsud Founding Partner Cedric Mifsud is a founding Partner at Mifsud & Mifsud Advocates, specializing in Commercial law and litigation. Upon the set up of the law firm Cedric was entrusted with the development of a Commercial law department which soon developed a varied local and foreign clientele seeking his expertise in numerous transactions. - [Capt. François Laffoucrière](https://www.mifsudadvocates.com.mt/our-team/capt-francois-laffoucriere/) - Capt. François Laffoucrière Partner François qualified as an Avocat (French lawyer) in 2016 and created the French Desk at Mifsud & Mifsud Advocates. He is now registered at the Bars of Paris and Malta. He is also presently a Marine Consultant, a Maritime Arbitrator at the ‘Chambre Arbitrale Maritime de Paris’, and a member of - [Insights](https://www.mifsudadvocates.com.mt/insights/) - Mifsud and Mifsud Advocates is a multidisciplinary law firm set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. Situated in the heart of Malta's capital city, Valletta, this law firm prides itself in having always furnished its clients with the most effective solutions which always meet and exceed their expectations. Upholding a work-ethic based on honesty and integrity, Mifsud & Mifsud Advocates aids its clients in achieving positive results expediently and efficiently, whatever the nature of the issue brought before it may be. - [Audrey Agius](https://www.mifsudadvocates.com.mt/our-team/audrey-agius/) - Audrey Agius AEGIS Corporate Services – Corporate Administrator Audrey Agius is a Corporate Administrator at Aegis Corporate Services, having joined the firm in 2025. She brings with her valuable experience in the corporate services sector, having held previous roles that focused on corporate governance, regulatory compliance, and administrative operations across a range of corporate entities. - [About Us](https://www.mifsudadvocates.com.mt/about-us/) - ABOUT US MIFSUD & MIFSUD ADVOCATES Mifsud & Mifsud Advocates is a multidisciplinary leading law firm in Malta set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. This law firm not only caters for dispute resolution in the criminal and civil spheres, but it has also - [Contract of Service](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/contract-of-service/) - [Leave](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/leave/) - [Employment Contract](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/employment-contract/) - OUR SERVICES CONTRACT OF EMPLOYMENT What is a contract of employment? A contract of employment is a contract concluded between an employer and an employee outlining the conditions of work. What should a contract of employment contain? the name, registration number and registered place of business of the employer and a legally valid identification document - [Wages](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/wages/) - OUR SERVICES WAGES For 2025, the national minimum wage related to a normal working week was: Age 18 years and over €221.78 Age 17 years €215 Under 17 years - [Termination and Notice Period](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/termination-and-notice-period/) - OUR SERVICES TERMINATION & NOTICE PERIOD The employment of a person based on an indefinite contract may be terminated either by the employer or the employee. In this case, after notification of the termination of employment, the employee would have to work a notice period. The duration of the notice period depends on the employee’s - [Hours of Work in Malta](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/hours-of-work/) - OUR SERVICES HOURS OF WORK IN MALTA What are the normal hours of work for a full-time job? Usually, the normal hours of work (excluding overtime) are based on 40 hours a week. However, in certain cases as may be established by law, normal hours of work can be more, but not exceeding a maximum - [Rest Periods in Malta](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/rest-periods/) - OUR SERVICES REST PERIODS IN MALTA Where the working day is longer than 6 hours, an employee is entitled to not less than a 15 minute rest period, unless a longer period of rest is provided by any other regulation or agreement. Such rest break is not considered as working time. From one working day - [Leave in Malta](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/leave-in-malta/) - OUR SERVICES LEAVE In each calendar year, an employee is entitled to 192 basic hours of vacation leave plus additional hours for public holidays that fall on weekends. If such average normal hours (excluding overtime) is below or exceeds 40 hours per week, the vacation leave entitlement in hours should be adjusted accordingly on a - [Probation in Malta](https://www.mifsudadvocates.com.mt/practice-areas/employment-law-in-malta/probation/) - OUR SERVICES PROBATION What is a probationary period? A probationary period is a trial period, during which period either party may termination the employment contract without providing any reason for such termination to the other party. However should the employee be pregnant upon termination, the employer is obliged to give a justified reason for the - [Krizia Borg](https://www.mifsudadvocates.com.mt/our-team/krizia-borg/) - Krizia Borg Accounts Executive Krizia has been working at Mifsud & Mifsud Advocates since May 2024, and is responsible for the proper management of all financial transactions of the firm, from the issuing of invoices and receipts to the issuing of payments to the firm’s various suppliers and service providers. She is also tasked with - [Tax](https://www.mifsudadvocates.com.mt/practice-areas/tax/) - OUR SERVICES TAX Taxes in Malta constitute a pivotal aspect for both companies and individuals, and at Mifsud & Mifsud Advocates, we are committed to steering both local and international clients toward an optimal tax structure. Individuals in Malta are subject to tax at progressive rates, starting from 0% and reaching a maximum of 35% - [Personal Tax](https://www.mifsudadvocates.com.mt/personal-tax/) - Malta imposes taxes on individuals depending on their residence, domicile, and source of income. If someone is both ordinarily resident and domiciled in Malta, they are taxed on all their income and capital gains, whether from Malta or elsewhere. On the other hand, individuals who are residents but not domiciled in Malta are taxed on - [Corporate Tax](https://www.mifsudadvocates.com.mt/practice-areas/tax/corporate-tax/) - The corporate tax rate in Malta stands at 35% on the chargeable income. For companies registered in Malta, being considered resident and domiciled in the Malta means they are liable for income tax on a world-wide basis at this standard rate. Malta adopts the full imputation system for corporate taxation, taxing company profits at the - [Maritime and Shipping](https://www.mifsudadvocates.com.mt/practice-areas/maritime-and-shipping/) - OUR SERVICES MARITIME & SHIPPING Maritime and Shipping Law is one of Mifsud & Mifsud Advocates’ main areas of specialisation. Clients seeking reliability and adherence to the highest industry standards often opt to register their vessels, whether pleasure or commercial, with the reputable Maltese flag which has always served as a hub for international trading - [Commercial and Corporate](https://www.mifsudadvocates.com.mt/practice-areas/commercial-and-corporate/) - OUR SERVICES COMMERCIAL & CORPORATE The Companies Act (Chapter 386 of the Laws of Malta) provides a well-structured framework for the regulation of companies and partnerships in the Maltese jurisdiction. Corporate law is the foundation of every business therefore quality legal advice regarding corporate matters including company formation, corporate structures, and tax compliance, is essential - [Trusts and Foundations](https://www.mifsudadvocates.com.mt/practice-areas/trusts-and-foundations/) - OUR SERVICES TRUSTS & FOUNDATIONS Trusts and Foundations are two legal arrangements that are very often thrown into the same melting pot because both can serve as asset protection vehicles. However, whilst both arrangements share this similarity, their set-up and operation varies in many ways. The following is an overview of the salient features of - [Svetla Ivanova](https://www.mifsudadvocates.com.mt/our-team/svetla-ivanova/) - Svetla Ivanova Client Payroll Assistant Svetla Ivanova serves as an Client Payroll Assistant at MMPS Ltd. Since joining the team in June 2023, she has taken on the responsibility of managing the payroll for seafarer employees. In her role, Svetla oversees various tasks, including registering employees with Maltese Social Security, submitting applications for certificates to - [AML/CFT Services](https://www.mifsudadvocates.com.mt/practice-areas/anti-money-laundering-combating-financing-terrorism/) - OUR SERVICES AML/CFT SERVICES AML/CFT frameworks gained additional importance throughout the past years in view of the global combat against money laundering and funding of terrorism (ML/FT). The ever-evolving regulatory sphere requires businesses to comprehend the legal obligations imposed on them as subject persons. This ensures that businesses have the necessary policies and procedures in - [Members Of Section](https://www.mifsudadvocates.com.mt/members-of-section/) - MEMBERS OF - [Dispute Resolution and Litigation](https://www.mifsudadvocates.com.mt/practice-areas/dispute-resolution-and-litigation/) - OUR SERVICES DISPUTE RESOLUTION & LITIGATION Malta’s unique hybrid system is the product of numerous influences coming in from different legal systems throughout the years. In our judicial system we thus witness civil law and common law practices working together with the recent EU laws introduced upon Malta’s accession in 2004. Dispute resolution in Malta - [Banking and Finance](https://www.mifsudadvocates.com.mt/practice-areas/banking-and-finance/) - OUR SERVICES BANKING & FINANCE In 1994 Malta has been transformed into an onshore jurisdiction. Following its accession into the EU in 2004, it transposed a number of EU laws relating to Banks, Investment firms, Insurance undertakings and IUCITS, providing a comprehensive legal framework for a solid financial services sector. Nonetheless, the Banking Act (Chapter - [Public Procurement](https://www.mifsudadvocates.com.mt/practice-areas/public-procurement/) - OUR SERVICES PUBLIC PROCUREMENT The legal team at Mifsud & Mifsud Advocates has considerable knowledge of the local public procurement laws and regulations namely the Public Contracts Regulations. This is made evident from the firm’s successful track record in advising and assisting foreign and local clients in the various stages of local public contracts, including - [Aviation and Transportation](https://www.mifsudadvocates.com.mt/practice-areas/aviation-and-transportation/) - Mifsud and Mifsud Advocates is a multidisciplinary law firm set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. Situated in the heart of Malta's capital city, Valletta, this law firm prides itself in having always furnished its clients with the most effective solutions which always meet and exceed their expectations. Upholding a work-ethic based on honesty and integrity, Mifsud & Mifsud Advocates aids its clients in achieving positive results expediently and efficiently, whatever the nature of the issue brought before it may be. - [Family Law](https://www.mifsudadvocates.com.mt/practice-areas/family/) - OUR SERVICES FAMILY LAW Mifsud Advocates offers specialised services within the family law sphere. Being well aware of the emotional turmoil and sensitive issues familial disputes create, our team is dedicated towards providing tailored advice in the interests of both clients and minors involved. Guidance and representation is provided throughout the entire process of personal - [EU and Competition](https://www.mifsudadvocates.com.mt/practice-areas/eu-and-competition/) - OUR SERVICES EU & COMPETITION Since Malta’s accession to the EU, European law has permeated all sectors of society, affecting industrial entities and individuals alike. Mifsud & Mifsud Advocates has a specialized EU law department which focuses on assisting clients with EU regulatory compliance in various fields of EU Law including electronic communications, environmental law, - [Real Estate and Development](https://www.mifsudadvocates.com.mt/practice-areas/real-estate-and-development/) - OUR SERVICES REAL ESTATE & DEVELOPMENT Malta’s steady growth in various sectors such as iGaming and Blockchain services has contributed substantially in establishing a real estate market as one of Malta’s economic building blocks. The legal team at Mifsud & Mifsud provide a comprehensive industry-specific experience and knowledge on all aspects relating to real estate - [Telecommunications and IT](https://www.mifsudadvocates.com.mt/practice-areas/telecommunications-and-it/) - OUR SERVICES TELECOMMUNICATIONS & IT Malta is fast becoming one of the leading jurisdictions in the world when it comes to the development of technology in the IT and Telecommunications sectors. The introduction of the Smart City Project attracted the industry’s main stakeholders to our Island, as here they have found the ideal ICT hub - [Debt Collection](https://www.mifsudadvocates.com.mt/practice-areas/debt-collection/) - OUR SERVICES DEBT COLLECTION A company’s credit management is one of the essential elements of a successful commercial activity. It is therefore crucial for creditors to obtain the right advice at the right time in order to protect debts due to them. The number of court cases dealing with debt collection has diminished drastically over - [Insurance](https://www.mifsudadvocates.com.mt/practice-areas/insurance/) - OUR SERVICES INSURANCE Malta’s pro-business regulatory environment coupled with a wide network of Double Taxation Agreements and European passport rights, introduced with Malta’s accession to the EU, has led to a huge growth in Malta’s insurance sector. The latter is mainly regulated by two main pieces of legislation, these being the Insurance Business Act (Chapter - [Intellectual Property](https://www.mifsudadvocates.com.mt/practice-areas/intellectual-property/) - OUR SERVICES INTELLECTUAL PROPERTY Malta’s legislation for the protection and enforcement of Intellectual Property rights has been recently reinforced with the influx of EU legislation on the matter coming in with Malta’s accession to the EU in 2004. In fact, the introduction of the Copyright Act (Chapter 415 of the Laws of Malta), the Trademarks - [Inheritance and Succession Planning](https://www.mifsudadvocates.com.mt/practice-areas/inheritance-and-succession-planning/) - OUR SERVICES INHERITANCE & SUCCESSION PLANNING The Maltese Civil Code provisions have been constantly evolving in tandem with social progress in Malta. Our laws provide for testate succession (where the deceased left a will), intestate succession (where no will was left), the reserved portion (previously known as the ‘legitim’) in favour of children and the - [Fund and Asset Management](https://www.mifsudadvocates.com.mt/fund-and-asset-management/) - OUR SERVICES FUND & ASSET MANAGEMENT (INVESTMENT FUNDS) Despite Europe’s recent financial crisis, Malta retained its reputation as a financial hub as it proves to be a favorable jurisdiction for those seeking fund and asset management. The numerous licenses granted by the MFSA for collective investment schemes are processed expediently and provided at low rate - [Sports and Entertainment](https://www.mifsudadvocates.com.mt/practice-areas/sports-and-entertainment/) - OUR SERVICES SPORTS & ENTERTAINMENT Sports and Entertainment are two ever-growing industries in Malta and issues cropping up in relation to them are effectively catered for by a number of rules and regulations, including the Sports Act (Chapter 455 of the Laws of Malta) enacted in 2009. With respect to the Entertainment Industry, Malta has - [Frederico Veiga](https://www.mifsudadvocates.com.mt/our-team/frederico-veiga/) - Frederico Veiga Client Payroll Assistant Frederico Veiga is a Portuguese professional with a background and a bachelor’s degree in accounting and auditing. Currently pursuing a master’s degree in corporate finance, Frederico serves as an administrative assistant at MMPS Ltd. In his capacity as administrative assistant at MMPS Ltd, Frederico assists employers in the maritime field - [Natalie Ellis](https://www.mifsudadvocates.com.mt/our-team/natalie-ellis/) - Natalie Ellis Client Payroll Manager Natalie Ellis initially studied Business and Finance and graduated from the University of Central Lancashire. As Natalie was working in the Social Housing field she naturally proceeded to complete a Post Graduate Diploma in Housing Studies at Salford University and completed her dissertation on the causes and effects of Young, - [Stephanie Scerri](https://www.mifsudadvocates.com.mt/our-team/stephanie-scerri/) - Stephanie Scerri AEGIS Corporate Services – Manager Stephanie joined Aegis Corporate Services Limited as Company Administrator in 2019 and is responsible for the proper administration of a portfolio of companies, mainly trading and holding companies. Before joining Aegis Stephanie was Personal Assistant to the CEO of a Maltese corporate services provider. She holds a BA - [Davina Sullivan](https://www.mifsudadvocates.com.mt/our-team/davina-sullivan/) - Davina Sullivan Legal Procurator Davina Sullivan read law at the University of Malta wherefrom she obtained a Bachelor of Arts in law and a diploma certificate of Legal Procurator in 1992. Admitted to the Chamber of Legal Procurators in 1992 as a solicitor, she is responsible for the procedural side of cases and the processing - [New Guidelines on the hiring of pleasure yacths through the Maltese Jurisdiction](https://www.mifsudadvocates.com.mt/practice-areas/maritime-and-shipping/new-guidelines-on-the-hiring-of-pleasure-yacths-through-the-maltese-jurisdiction/) - OUR SERVICES NEW GUIDELINES ON THE HIRING OF PLEASURE YACHTS THROUGH THE MALTESE JURISDICTION GUIDELINES REGARDING ITEM 12 OF PART TWO OF THE THIRD SCHEDULE TO THE VALUE ADDED TAX ACT 1. General The Commissioner for Revenue recognises that lessors of means of transport which are pleasure boats will not be able to assess, at - [Manning Requirements on board Malta Flagged Ships](https://www.mifsudadvocates.com.mt/practice-areas/maritime-and-shipping/manning-requirements-on-board-malta-flagged-ships/) - OUR SERVICES MANNING REQUIREMENTS ON BOARD MALTA FLAGGED SHIPS The Manning Regulations enacted pursuant to the Merchant Shipping Act incorporates into Maltese law the STCW Convention, 1978, as subsequently amended by the STCW Code in 1995. In respect of every Maltese ship, every company shall ensure that – Every seaman assigned to any of its - [Ship Finance and Maltese Statutory Mortgage](https://www.mifsudadvocates.com.mt/practice-areas/maritime-and-shipping/ship-finance-and-maltese-statutory-mortgage/) - OUR SERVICES SHIP FINANCE & MALTESE STATUTORY MORTGAGE Registration of a mortgage over all the shares in a ship constitutes an important aspect of any ship registration transaction which involves provision of ship finance by financial institutions. The Merchant Shipping Act provides for a statutory form of mortgage used for all types of mortgages whether - [Tax Treatment of Maltese Shipping Organisations](https://www.mifsudadvocates.com.mt/practice-areas/maritime-and-shipping/tax-treatment-of-maltese-shipping-organisations/) - OUR SERVICES TAX TREATMENT OF MALTESE SHIPPING ORGANISATIONS The taxation of Shipping Organisations is dealt with by specific regulations enacted by the Minster responsible for Shipping, with the concurrence of the Minister responsible for Finance (hereinafter the ‘Tax Regulations’) pursuant to the powers granted to the Ministers under the Merchant Shipping Act. For a Shipping - [Maltese Shipping Organisations (Private, Limited Liability)](https://www.mifsudadvocates.com.mt/practice-areas/maritime-and-shipping/maltese-shipping-organisations-private-limited-liability/) - OUR SERVICES MALTESE SHIPPING ORGANISATIONS (PRIVATE, LIMITED LIABILITY) Shipping Companies may be incorporated for a definite, or for an indefinite period of time. The latter option would be the norm. This information relates to private limited liability companies governed by the Merchant Shipping (Shipping Organizations – Private Companies) Regulations, 2004 (hereinafter referred to as the - [Registration of Ships in Malta](https://www.mifsudadvocates.com.mt/practice-areas/maritime-and-shipping/registration-of-ships-in-malta/) - OUR SERVICES REGISTRATION OF SHIPS IN MALTA Registration of ships in Malta is a fairly straight forward procedure. When registering their owned or bare boat chartered tonnage in Malta, ship owners may opt, either to incorporate a Maltese Shipping Organisation, which is exempt from income tax in Malta, alternatively ship owners may wish to register - [Highly Qualified Persons Regulations](https://www.mifsudadvocates.com.mt/practice-areas/immigration/highly-qualified-persons-regulations/) - OUR SERVICES HIGHLY QUALIFIED PERSONS REGULATIONS Following an expansion in its financial, gaming and aviation services, Malta launched the Highly Qualified Persons scheme by means of Legal Notice 106 of 2011, so as to cater for additional highly qualified workers. Under this scheme any EU national may apply to this special tax rate provided that he satisfies the - [High Net Worth Individuals Scheme](https://www.mifsudadvocates.com.mt/practice-areas/immigration/immigration/) - OUR SERVICES HIGH NET WORTH INDIVIDUALS SCHEME This tax scheme eliminated the Permanent Resident Scheme which was applicable before the introduction of such scheme. Under this scheme any EU national may apply to this special tax rate save the following conditions: a) The applicant holds a Qualifying Property Holding. An applicant holds a Qualifying Property - [Malta Residence and Visa Programme](https://www.mifsudadvocates.com.mt/practice-areas/immigration/malta-residence-and-visa-programme/) - OUR SERVICES MALTA RESIDENCE & VISA PROGRAMME By means of Legal Notice 288 of 2015 Malta has launched a new residence scheme entitled ‘The Malta Residence and Visa Programme Regulations, 2015’, which addresses Non- EU/EEA/Swiss nationals. A certificate issued by the Malta Residence and Visa Agency in terms of these Regulations entitles the applicants, who are - [Gaming](https://www.mifsudadvocates.com.mt/practice-areas/gaming/) - OUR SERVICES GAMING Malta with its stable political atmosphere and well-regulated environment has become a leading remote gaming jurisdiction. As the first country within the European Union regulating iGaming, one notes the legislator’s focus on creating a regulated, transparent and efficient mechanism for the industry. This, together with several other advantages Malta has to offer, - [Environmental Law](https://www.mifsudadvocates.com.mt/practice-areas/environmental-law/) - OUR SERVICES ENVIRONMENTAL LAW An effective regulatory framework for the regulation of waste, development planning and environmental protection is imperative, particularly with global environmental awareness on the rise. This has become increasingly important when one takes into account the limited land available in such a densely populated island, whereby one needs to strike a balance - [Practice Areas](https://www.mifsudadvocates.com.mt/practice-areas/) - Mifsud and Mifsud Advocates is a multidisciplinary law firm set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. Situated in the heart of Malta's capital city, Valletta, this law firm prides itself in having always furnished its clients with the most effective solutions which always meet and exceed their expectations. Upholding a work-ethic based on honesty and integrity, Mifsud & Mifsud Advocates aids its clients in achieving positive results expediently and efficiently, whatever the nature of the issue brought before it may be. - [Test](https://www.mifsudadvocates.com.mt/test/) - OUR LAWYERS SPECIALISING IN THIS FIELD Malcolm MifsudFounding Partner Cedric MifsudCo-Founding Partner Capt. François LaffoucrièreHead of Shipping Department Gianluca CappittaSenior Associate Charlene GauciSenior Associate Rossana FarrugiaAssociate Roberta Bonello FeliceAssociate Ian BarbaraJunior Associate Paul RadmilliJunior Associate Jodie DarmaninJunior Associate Davina SullivanLegal Procurator Mattea AbdillaAML Compliance Manager - [Astrid Parnis](https://www.mifsudadvocates.com.mt/our-team/astrid-parnis/) - Astrid Parnis AEGIS Corporate Services – Manager Astrid graduated as a Doctor of Laws in 2009 and was warranted as a Notary Public and Commissioner of Oaths in 2011. She joined Aegis Corporate Services Limited as a Manager in 2015. Astrid manages and overlooks the incorporation process of companies for local and international clients. Additionally - [Denise Custo](https://www.mifsudadvocates.com.mt/our-team/denise-custo/) - Denise Custo Administrative Secretary Denise Custo joined Mifsud & Mifsud Advocates in February 2020. Denise is one of the main contact persons at the firm’s reception area, wherein she is always ready to greet clients, handles incoming calls, organises schedules and appointments, and takes care of other day-to-day office duties. (+356) 27237172dcusto@mifsudadvocates.com.mtLanguages: Maltese, English, Italian - [Marthese Hili](https://www.mifsudadvocates.com.mt/our-team/marthese-hili/) - Marthese Hili Administrative Secretary Marthese has been a secretary at Mifsud & Mifsud Advocates since October 2018. Her main duties consist of greeting clients at the front desk, management of appointments and day-to-day schedules, drafting of documents, as well as ensuring that all mail is sent accordingly. Marthese is also responsible for filing, photocopies, scanning, - [Terms & Conditions](https://www.mifsudadvocates.com.mt/terms-conditions/) - Terms Of Use Mifsud & Mifsud Advocates is a multidisciplinary law firm set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. Situated in the heart of Malta’s capital city, Valletta, this law firm prides itself in having always furnished its clients with the most effective solutions