Property Law 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.…Andrew DragoJanuary 17, 2026
Civil LawProperty Law 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…Malcolm MifsudDecember 21, 2025
Administrative Law 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…Malcolm MifsudDecember 6, 2025
Civil LawCriminal Law 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…Malcolm MifsudJuly 3, 2025
Family Law 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.…Malcolm MifsudJune 21, 2025
Civil LawProcedural Law 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…Malcolm MifsudJune 7, 2025
Civil LawCommercial Law 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…Malcolm MifsudMay 24, 2025
Civil LawProperty Law 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…Malcolm MifsudNovember 22, 2024
Civil LawProcedural Law 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…Malcolm MifsudSeptember 8, 2024
Administrative Law 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…Malcolm MifsudApril 19, 2024