MaltaToday.com.mt - Comment / Law Report

Defendant cannot raise new pleas in appeal stage

Malcolm Mifsud

New pleas cannot be raised in an appeal of any of the parties.

Additional pipes and windows cannot be placed if not referred to in the contract

Malcolm Mifsud

The servitudes mentioned in the contract are not to be added on if not agreed to, according to a judgment delivered in May 2025

Suspension of court case in order to wait for another court case is exceptional

Malcolm Mifsud

The Courts may be faced with a situation whether it would be best to wait for the outcome of another case

The Courts may be faced with a situation whether it would...

Administrative decisions cannot be revoked without consultation

Malcolm Mifsud

Authorities cannot reply merely on third party complains when it revokes...

Authorities cannot reply merely on third party complains...

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,...