MaltaToday.com.mt - Comment / Law Report

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) agreement for a property may commence only when the POS falls through

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 asked to stop has already taken place

Constructive dismissal takes place when employee is forced to resign against his will

Malcolm Mifsud

When resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal

When resigns not because he wants to but because of the...

A direct relationship establishes a juridical relationship

Malcolm Mifsud

The involvement of a third party in a contract of works puts in doubt the...

The involvement of a third party in a contract of works...

There must be a clear understanding in a Prestanome arrangement

Malcolm Mifsud

A Prestanome is an indirect mandate, but the parties have to be aware of its...

A Prestanome is an indirect mandate, but the parties have...

Second wife of a few months is entitled to reserved portion after the death of the husband

Malcolm Mifsud

The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion

The law provides that the widow of a divorced husband is...

Reasonable time in criminal proceedings, is without delay

Malcolm Mifsud

There is a distinction between civil and criminal proceedings when analysing...

There is a distinction between civil and criminal...

A fair trial includes on whether a judgement can be enforced

Malcolm Mifsud

When examining whether there was a fair trial, a constitutional court will not...

When examining whether there was a fair trial, a...

Prescription period starts upon last entry of the account

Malcolm Mifsud

A commercial account between two companies starts not when the order was...

A commercial account between two companies starts not when...

Penalties imposed on who issues needless warrants is a question of public order

Malcolm Mifsud

The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not to allow the abuse of...

The Court has the discretion to impose a penalty on a party...

There is no judicial review for decisions refusing citizenship applications

Malcolm Mifsud

The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review

The granting of citizenship is the Minister’s...

Appeals from arbitration awards are limited to legal points

Malcolm Mifsud

The Court held that an appeal from an Arbitration award was inadmissible at law...

The Court held that an appeal from an Arbitration award was...

Maintenance must be paid until it is decided otherwise

Malcolm Mifsud

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Malcolm Mifsud

An order to be maintenance must be followed even if there is a change of...

An order to be maintenance must be followed even if there...

Lawyers’ obligations cease when company is struck off

Malcolm Mifsud

A law firm engaged by shareholders to set up a company and other services cease...

A law firm engaged by shareholders to set up a company and...

Guarantees offering general and special hypothecs in favour of a bank, more than adequate security

Malcolm Mifsud

The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants

The Court held that HSBC Bank Malta offer...

Commercial leased properties must be made use of

Malcolm Mifsud

A lease of a commercial premises will be terminated if it is not being made use...

A lease of a commercial premises will be terminated if it...

Filing late reply before Arbiter for Financial Services has consequences

Malcolm Mifsud

The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies

The late submission of a reply before the Arbiter for...

Court may not be competent to hear a counter-claim due to the sum claimed

Malcolm Mifsud

A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear case

A court may not be competent to hear a counter-claim...

Usury may occur upon the promise of higher interest rates

Malcolm Mifsud

The crime of usury take place even before the transaction, but upon the...

The crime of usury take place even before the transaction,...