Plaintiff must take an oath on the sworn application
Malcolm Mifsud
Procedural rules are strict and must be strictly observed, according to the judgment delivered by Judge Mark Simiana in the case MGD vs LD, decided on 11 July 2025
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
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...

Re-discussing an agreement does not terminate that agreement
Malcolm Mifsud

If one party to agreement wants to re-discuss any terms, the agreement is still...

If one party to agreement wants to re-discuss any terms,...

Endorsed bills of exchange have to be paid irrespective of underlying obligations
Malcolm Mifsud

The law makes a difference between endorsed bills of exchange and those which are not endorsed

The law makes a difference between endorsed bills of...

Payment of deposit in civil appeals is essential
Malcolm Mifsud

The payment of a deposit before the first sitting of an appeal is essential as...

The payment of a deposit before the first sitting of an...

Authorities may limit licences to ensure safety
Malcolm Mifsud

Transport Malta was justified to limit the berthing of a water sports vessel to...

Transport Malta was justified to limit the berthing of a...

Not all decisions from the Medical Council may be appealed from
Malcolm Mifsud

Appeals from the Medical Council can take place only if it concerns the...

Appeals from the Medical Council can take place only if it...

Although Lands Authority took their time, they did it correctly
Malcolm Mifsud

The Lands Authority have a legal duty to decide on all aspects of public...

The Lands Authority have a legal duty to decide on all...

No legal definitions of negligent driving and dangerous driving
Malcolm Mifsud

Although there is no legal definition of what negligent driving and...

Although there is no legal definition of what negligent...

Debtor must prove set-off if it is being claimed
Malcolm Mifsud

If a debtor claims that the debt is paid through a set-off then it is the...

If a debtor claims that the debt is paid through a set-off...

Cruelty in marriage has its consequences
Malcolm Mifsud

Proven physical and psychological violence in marriage is a cause for separation and the court has the discretion to apply a number of sanctions

Proven physical and psychological violence in marriage is a...

Cruelty in marriage has its consequences
Malcolm Mifsud

Proved physical and psychological violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions

Proved physical and psychological violence in marriage is a...

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...