MaltaToday.com.mt - Comment / Law Report

Fraus omnia corrumpit in modern commerce

Julian Mifsud

Modern commerce depends on a simple but powerful legal principle—a company is treated as a person distinct from those who own it

When procedure silences substance

Julian Mifsud

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...

Appeals Court orders retrial after ruling that contracts were donations to both spouses

Malcolm Mifsud

The Appeals Court upheld a request for a retrial because the court had previously applied the wrong article of law on collation

The Appeals Court upheld a request for a retrial because...

Suspensive conditions, burden of proof and restitution

Malcolm Mifsud

A claimant who asserts that conditions of a sale were satisfied must produce...

A claimant who asserts that conditions of a sale were...

Liquidation of damages in case of breach of contract

The Appeal Court in its judgment pronounced on 30 April 2026, in the case...

The Appeal Court in its judgment pronounced on 30 April...

A valid technical report must be submitted before the Lands Arbitration Board

Malcolm Mifsud

The Lands Arbitration Board must have a valid valuation before it comes to its decision on compensation for land expropriated by the government

The Lands Arbitration Board must have a valid valuation...

Substantial changes to the structure of a rented property will result in eviction

Malcolm Mifsud

The courts would allow minor works to a rented property but substantial changes will result in termination and eviction

The courts would allow minor works to a rented property but...

Wages have to be paid irrespective of employment registration with authorities

The Appeals Court confirms the guilty verdict against two directors of Schembri Infrastructure Ltd for failing to pay their employee, Boiken Cela,...

The Appeals Court confirms the guilty verdict against...

Not every breach of traffic regulations amounts to contributory negligence

Malcolm Mifsud

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 court found a driver was fully liable for a fatal...

Rent increase should be calculated on property’s actual value not its speculative value

Malcolm Mifsud

In a judgment delivered on 25 March 2026, Magistrate Joseph Gatt reaffirmed the principle that a revision of rent must be based on the property’s current...

In a judgment delivered on 25 March 2026, Magistrate Joseph...

Court enters into the merits of corporate insolvency

Malcolm Mifsud

When a company fails to honour a multi-million-euro debt judgment, Maltese...

When a company fails to honour a multi-million-euro debt...

Violence in obtaining consent must cause actual fear

Malcolm Mifsud

Not every threat will annul a contract. This was held in a judgment delivered...

Not every threat will annul a contract. This was held in a...

Guarantor must show that they are bound to pay

Malcolm Mifsud

A guarantor to a bank loan must have at least paid back part of the sum due...

A guarantor to a bank loan must have at least paid back...

Court protects spouse due to serious domestic violence

Malcolm Mifsud

A judgment delivered on 23 February 2026 by the Civil Court (Family Section) in...

A judgment delivered on 23 February 2026 by the Civil Court...

Person who paid for loan to refurbish partner’s residence must be refunded

Malcolm Mifsud

If a person in a relationship proves that they paid for works in their partner’s property, they should be refunded

If a person in a relationship proves that they paid for...

When a ‘return and resell’ deal triggers payment

Malcolm Mifsud

The Court of Appeal presided by Mr Justice Lawrence Mintoff dismissed the...

The Court of Appeal presided by Mr Justice Lawrence Mintoff...

The presumption is that parties to a contract acted in good faith

Malcolm Mifsud

The parties to a contract enter into it in good faith and are bound by what...

The parties to a contract enter into it in good faith...

Whether accused received fair trial or not depends on whole criminal process

Malcolm Mifsud

The concept of overall fairness is applicable in Malta to see whether there was a breach of the right to a fair hearing.

The concept of overall fairness is applicable in Malta to...

Right to develop airspace vs rights of owners of underlying tenements | Andrew Drago

A recent Court of Appeal judgment clarifies the limits of an airspace owner’s right to build where underlying apartment owners enjoy rights over the roof

A recent Court of Appeal judgment clarifies the limits of...

Age as a mitigating factor in criminal proceedings | Roberta Bonello Felice

In delivering sentence, the court acknowledged the gravity of the offences and the harm caused to the victim. However, it also considered the mitigating...

In delivering sentence, the court acknowledged the gravity...