MaltaToday.com.mt - Comment / Law Report

When enforcing a foreign judgment the court must apply the law restrictively

Malcolm Mifsud

The court cannot go outside the parameters of the law when it is deciding whether to enforce a foreign judgment in Malta

Interest on deposit starts when promise of sale falls through

Malcolm Mifsud

The 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’s plaintiff that must prove its case to Court’s satisfaction

Malcolm Mifsud

The Court may rest solely on the plaintiff’s evidence, even if the...

The Court may rest solely on the plaintiff’s...

Bank revives company with the hope of receiving payment

Malcolm Mifsud

The law provides that creditors of a company which had been struck off from the...

The law provides that creditors of a company which had been...

Academic qualifications are essential to assure professional competencies

Malcolm Mifsud

Professionals who apply for a warrant must show that they have obtained the required academic qualifications

Professionals who apply for a warrant must show that they...

Accepting the rent irrespective breach of contract has its consequences

Malcolm Mifsud

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...

The fact that the lessor accepted the rent for several...

Non observance of procedures does not necessarily annul an expropriation

Malcolm Mifsud

Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation

Not every non observance of the procedure outlined by law,...

Financial Adviser’s position may be a material fact in a financial services complaint

Malcolm Mifsud

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...

The fact that an investor is also an investment adviser,...

The importance of signatures in tender bids

Malcolm Mifsud

The signatures required in bids for tenders are important because a tender is a...

The signatures required in bids for tenders are important...

European arrest warrants are based on mutual trust among EU states

Malcolm Mifsud

European Arrests Warrants system within the European Union is based on the...

European Arrests Warrants system within the European Union...

Teachers should have a good conduct throughout their career

Malcolm Mifsud

Teachers must hold on to the requisites of their warrant throughout their...

Teachers must hold on to the requisites of their warrant...

Can the rearing of pigeons amount to harassment?

Malcolm Mifsud

The offence of harassment requires the principle of this offence to behave in...

The offence of harassment requires the principle of this...

Fundamental elements of the warrant of prohibitory injunction

Malcolm Mifsud

The warrant of prohibitory injunction prevents a person or entity from doing...

The warrant of prohibitory injunction prevents a person or...

Impossibility of paying maintenance is no defence in criminal proceedings

Malcolm Mifsud

The defence of impossibility in criminal proceedings does not eliminate criminal responsibility

The defence of impossibility in criminal proceedings does...

If the accused understands the charges, then guilty plea stands

Malcolm Mifsud

If the accused understand that the charges he is admitting to, then that guilty...

If the accused understand that the charges he is admitting...

Contracts obtained by fraud must be of a serious nature

Malcolm Mifsud

When one alleged that a contract was obtained by fraud, then that party must...

When one alleged that a contract was obtained by fraud,...

Court does not give weight to government rent subsidy in deciding rent increases

Malcolm Mifsud

The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent

The Court will not take into consideration whether a tenant...

Ordinary remedies must be used before asking for a judicial review

Malcolm Mifsud

Parties subject to an administrative decision must first avail themselves of...

Parties subject to an administrative decision must first...

If one wants to file an action for a retrial, the appropriate procedure must be used

Malcolm Mifsud

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

Not any action may be used for the purposes of a retrial,...

Police must not rest on a report but investigate before issuing charges

Malcolm Mifsud

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...

The police must not issue charges on the basis of a police...