Not any damage may terminate a lease
Malcolm Mifsud
​For a lease agreement to be terminated because of damage done to the property, the damage, must be considerable
An error in a contract should be such it cannot be verified
Malcolm Mifsud
A contract between parties is valid at law, if the fact mentioned in it may be verified by the parties
Court permits deportation of long-term Ethiopian residents despite pending human rights claims | Andrew Drago

The deportation of three long-term Ethiopian residents raises questions about Malta’s commitment to fundamental rights. Andrew Drago explores how the...

The deportation of three long-term Ethiopian residents...

Misappropriation is a crime that affects trust
Malcolm Mifsud

In a judgment delivered by Magistrate Simone Grech in Police vs Terence...

In a judgment delivered by Magistrate Simone Grech in...

Court upholds rights of injured and unregistered worker
Malcolm Mifsud

On 23 July 2025, Magistrate Donatella Frendo Dimech delivered a powerful...

On 23 July 2025, Magistrate Donatella Frendo Dimech...

Secondment clause enforced
Malcolm Mifsud

A former aviation manager has won over €32,000 after a Maltese court ruled his employer broke a promise to renew his contract, despite claiming he’d...

A former aviation manager has won over €32,000 after a...

One who makes use of legitimate action cannot cause damages
Malcolm Mifsud

A recent judgment has clarified the limits of liability for precautionary...

A recent judgment has clarified the limits of liability for...

Court makes a distinction between wrongdoing and negligence
Malcolm Mifsud

​When a person’s actions do not amount to criminal negligence under...

​When a person’s actions do not amount to criminal...

Cause and effect must be connected in damages cases
Malcolm Mifsud

When the court is determining whether a defendant is responsible for damages,...

When the court is determining whether a defendant is...

Plaintiff must take an oath on the sworn application
Malcolm Mifsud

Procedural rules are strict and must be strictly observed, according to the...

Procedural rules are strict and must be strictly observed,...

Strict application of 2021 rent reform leads to eviction order
Malcolm Mifsud

The decision of the Rent Regulation Board in Carmen Cassar et vs Joseph Caruana...

The decision of the Rent Regulation Board in Carmen Cassar...

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...

If a party fails to produce evidence on what it alleges,...

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

A judgment which was delivered in Cyprus is enforceable...

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...