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An employment relationship can end before work begins

An employment relationship can end before work begins
The Industrial Tribunal explained that if an employment relationship is terminated prior to the commencement of work duties, then such termination cannot be considered to be...
Donation does not exonerate social security recipient from explaining how money was used

Donation does not exonerate social security recipient from explaining how money was used
Malcolm Mifsud
​The Social Security Department must be certain that a cash donation was not used by an applicant to be eligible for medical assistance that is means tested
Maintenance must be paid until it is decided otherwise

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...

Lawyers’ obligations cease when company is struck off

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

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

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

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

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

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,...

There is no legal right to parking in front of one’s home

There is no legal right to parking in front of one’s home

Malcolm Mifsud

There is no legal right for anyone to object to road markings on the ground...

There is no legal right for anyone to object to road...

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

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

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...

Defence of insanity upheld

Defence of insanity upheld

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

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

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

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

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

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

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

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...

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