MaltaToday.com.mt - Comment / Law Report

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 et concerns an application based on Article 4A of Chapter 69 of the Laws of Malta

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

Impossibility of paying maintenance is no defence in criminal proceedings

Malcolm Mifsud

The defence of impossibility in criminal proceedings does not eliminate criminal responsibility

The defence of impossibility in criminal proceedings does...

If the accused understands the charges, then guilty plea stands

Malcolm Mifsud

If the accused understand that the charges he is admitting to, then that guilty...

If the accused understand that the charges he is admitting...

Contracts obtained by fraud must be of a serious nature

Malcolm Mifsud

When one alleged that a contract was obtained by fraud, then that party must...

When one alleged that a contract was obtained by fraud,...

Court does not give weight to government rent subsidy in deciding rent increases

Malcolm Mifsud

The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent

The Court will not take into consideration whether a tenant...

Ordinary remedies must be used before asking for a judicial review

Malcolm Mifsud

Parties subject to an administrative decision must first avail themselves of...

Parties subject to an administrative decision must first...

If one wants to file an action for a retrial, the appropriate procedure must be used

Malcolm Mifsud

Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure

Not any action may be used for the purposes of a retrial,...

Police must not rest on a report but investigate before issuing charges

Malcolm Mifsud

The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a...

The police must not issue charges on the basis of a police...

Pretended rights charges borders on the civil law rights

Malcolm Mifsud

Although the charge of pretended rights is a crime, it is not far off from...

Although the charge of pretended rights is a crime, it is...

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...