MaltaToday.com.mt - Comment / Law Report

Court may turn down claims, even if Defendant did not file statement of defence

Malcolm Mifsud

The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff

Scam victims are bound to be diligent

Malcolm Mifsud

A victim of a scam cannot use the scam as a defence against a claim to pay debts

Evaluation of appeal is required to determine which declarations are res judicata

Malcolm Mifsud

A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgment Sarah Gatt v. Jean Pierre Gatt delivered on the 26th...

A decision of the Civil Court (Family Section) was...

Constitutional proceedings can be initiated if there’s no effective and adequate remedy

Malcolm Mifsud

This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction

This principle was reiterated in Ismail Issa v. Attorney...

Malcolm Mifsud

The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence

The Court must examine whether at the time of the...

Disciplinary processes required before serious decision to terminate employment

Malcolm Mifsud

Case filed Giulia Gattuccio against her former employer Suda Entertainments Ltd, claiming unfair dismissal

Case filed Giulia Gattuccio against her former employer...

Those who are not entitled to social benefits should refund

Malcolm Mifsud

Those individuals who have been given social benefits but then discovered that...

Those individuals who have been given social benefits but...

Investment companies should update their customers to allow them to query

Malcolm Mifsud

Investment companies should inform their customers on how their investment is developing in order to allow them to take educated decisions and query investment...

Investment companies should inform their customers on how...

Courts must take into consideration all documents when deciding

Malcolm Mifsud

Courts and administrative tribunals must take into consideration all the...

Courts and administrative tribunals must take into...

Prejudice is not a reason for a precautionary warrant to be revoked

Malcolm Mifsud

The Court will not revoke a garnishee order on the ground that the subject of...

The Court will not revoke a garnishee order on the ground...

Tax valuation takes into consideration whether airspace can be developed

Malcolm Mifsud

For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed

For the purposes of tax valuation, the Tax Commissioner is...

Court costs may be apportioned amongst the parties

Malcolm Mifsud

The Court may apportion the court costs of a case to both parties and not...

The Court may apportion the court costs of a case to both...

Country to The Hague Convention is a stumbling block for children to travel

Malcolm Mifsud

If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child Abduction, the other parent may...

If a child travels with one of the parents to a country not...