MaltaToday.com.mt - Comment / Law Report

Court cannot fill in with evidence a party failed to produce

Malcolm Mifsud

If a party fails to produce evidence on what it alleges, the court cannot uphold that request

When enforcing an EU member state judgment, the Maltese court should apply the law restrictively

Malcolm Mifsud

A judgment which was delivered in Cyprus is enforceable because the issue of public order must be interpreted restrictively

Carer ordered to find a full-time job within three months

Malcolm Mifsud

The Appeals Court has ordered that a wife, who suffers from mental health...

The Appeals Court has ordered that a wife, who suffers from...

Time-bar period for water leakages commences when the damages are obvious

Malcolm Mifsud

Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place

Since water leakages take time to emerge the time-bar...

Defendant cannot raise new pleas in appeal stage

Malcolm Mifsud

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

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

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

The servitudes mentioned in the contract are not to be...

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

The court cannot go outside the parameters of the law when...

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)...

The interest on the refund of a deposit paid on a promise...

A court cannot stop an action which has already taken place

Malcolm Mifsud

A warrant of prohibitory injunction cannot be issued if the action it is being...

A warrant of prohibitory injunction cannot be issued if the...

Court enforces the right to cross-examine witnesses who prepare affidavits outside Malta

Malcolm Mifsud

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...

In the case of In-Sight Limited vs Juheng Chen and Yujun...

Tax Commissioner is to follow the procedure in full

Malcolm Mifsud

A tax estimate was declared null and void because the Tax Commissioner failed...

A tax estimate was declared null and void because the Tax...

Court may decide a case even if there is conflicting evidence

Malcolm Mifsud

The Court of Criminal Appeal has delivered a judgment in the case of The Police...

The Court of Criminal Appeal has delivered a judgment in...

When the wording of a contract is clear there is no need for any other interpretation

Malcolm Mifsud

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

The parties of a contract should enter into that contract...

When there is no defence, the plaintiff still has to prove the case

Malcolm Mifsud

When the defendant fails to file a statement of defence, this does not mean...

When the defendant fails to file a statement of defence,...

Court rules pensioner should receive an increase in pension

Malcolm Mifsud

The Court of Appeal in its deliberations held that the fact that the Appellant...

The Court of Appeal in its deliberations held that the fact...

The defendant must be involved in the transaction

Malcolm Mifsud

For a Defendant to be the correct Defendant, it must be shown that prima facie...

For a Defendant to be the correct Defendant, it must be...

EU legislation allows compensation for those who are denied boarding a flight

Malcolm Mifsud

EU legislation allows compensation in cases when people are unjustifiably denied boarding

EU legislation allows compensation in cases when people are...

A request for retrial cannot be made to contest the interpretation of First Court

Jodie Darmanin

A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court

A request for retrial will not be accepted by the Court if...

Once a company does not pay its debts the court may liquidate it

Malcolm Mifsud

The law allows a liquidation of a company upon the application of a creditor if...

The law allows a liquidation of a company upon the...

An investor must bear all the risks of an investment

Malcolm Mifsud

An EU official took all the risk when she invested her severance package, with...

An EU official took all the risk when she invested her...