MaltaToday.com.mt - Comment / Law Report

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 v. IS

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

Non fulfilment of obligations may result in damages

Malcolm Mifsud

Damages may ensue as a consequence when someone fails to fulfil his or her...

Damages may ensue as a consequence when someone fails to...

On last day of work, one can apply to Industrial Tribunal

Malcolm Mifsud

The four-month period in which a former employee may file an Industrial...

The four-month period in which a former employee may file...

Authorities have an obligation to assist the public

Malcolm Mifsud

uthorities are bound at law to give all vital information to the public in...

uthorities are bound at law to give all vital information...

Civil Court has competence to hear issues dealing with commercial rural leases

Malcolm Mifsud

The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone

The Civil Court have jurisdiction to decide cases...

Suspended sentence cannot be awarded in certain circumstances

Malcolm Mifsud

The Court of Criminal Appeal switched the punishment of a person who was first...

The Court of Criminal Appeal switched the punishment of a...

The three principles of criminal punishment explained

Malcolm Mifsud

When awarding a punishment in criminal cases, the courts have to keep in mind...

When awarding a punishment in criminal cases, the courts...

Court accepts and explains defence of provocation

Malcolm Mifsud

The Court of Criminal Appeal overturned a conviction of a mother, since the...

The Court of Criminal Appeal overturned a conviction of a...

Court has wide powers to appoint company administrator

Malcolm Mifsud

The Companies Act allows the Court to have a wide discretion to appoint...

The Companies Act allows the Court to have a wide...

Adoption does not block a declaration of who is the natural father

Malcolm Mifsud

A father was declared the natural father of a minor child, irrespective of the...

A father was declared the natural father of a minor child,...

No need to ask for premises to be vacated, immediately after Court auction

Malcolm Mifsud

When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is purchased

When a property is purchased by court auction, there is no...

Garnishee order may change if circumstances change

Malcolm Mifsud

A garnishee order may be revoked in whole or in part if the circumstances of...

A garnishee order may be revoked in whole or in part if the...

Structural alternatives in rented properties do not necessarily result in termination of the lease

Malcolm Mifsud

Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated

Those structural alternations in rented property which are...

Malcolm Mifsud

The fact that the government puts asphalt on a private road, does not convert the road into public property

The fact that the government puts asphalt on a private...

Malcolm Mifsud

The civil court should always follow its procedure, even if a constitutional law issue is raised

The civil court should always follow its procedure, even if...

Warrant upheld once it is satisfying all the requests

Malcolm Mifsud

A warrant of prohibitory injunction may be issued once that the three elements...

A warrant of prohibitory injunction may be issued once that...

Changes to names of parties of a lawsuit may be corrected

Malcolm Mifsud

The Court has wide powers to correct the names of acts of court cases in order...

The Court has wide powers to correct the names of acts of...

Court will use principle of proportionality to determine whether a party can appeal a judgement in parte

Malcolm Mifsud

The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer economic...

The court held that since it was a commercial case and...

When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation

Malcolm Mifsud

Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by auction, then the...

Where an executive warrant does not rest on an executive...