MaltaToday.com.mt - Comment / Law Report

Increase in rent should reflect the open market value of the property

Malcolm Mifsud

The Court should take into account the value of the property when calculating the increase in rent

Qualifications must be equal to that listed in the law

Malcolm Mifsud

The law provides a list of subjects that have to be covered for a person to obtain a warrant in accountancy.

Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant

Malcolm Mifsud

The plaintiff held that he had purchased a property on the island and had engaged a contractor to carry out scheduled works which were not completed on...

The plaintiff held that he had purchased a property...

Court requires ‘best proof’ of the contestation of a debt alleged by a government authority

Malcolm Mifsud

This was decreed by Magistrate Dr Francis Depasquale in the case of Automated Revenue Management Services Limited, Enemalta plc u Korporazzjoni ghas-Servizz...

This was decreed by Magistrate Dr Francis Depasquale in the...

Surname change from foreign ‘deed poll’ effected in Malta subject to proof

Malcolm Mifsud

Once the defendant received the original marriage certificate and registered the plaintiff under that name, it would not be legally possible for Maltese law to...

Once the defendant received the original marriage...

Six-month period on unjust administrative decision cannot be interrupted or suspended

Malcolm Mifsud

Plaintiff claimed that the administrative decision leading to the termination of his employment went against principles of natural justice

Plaintiff claimed that the administrative decision leading...

Maltese Law which precluded legal assistance during police interrogation deemed a breach of human right to fair hearing

Brian Vella was arrested under suspicion of his involvement in crimes relating to drug trafficking

Brian Vella was arrested under suspicion of his involvement...

If there is no fraud, the best evidence rule should apply on the quantum of a claim

Malcolm Mifsud

The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is to apply the best evidence...

The Court held that although there is a difference between...

Malcolm Mifsud

The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that person to be...

The defendant need not be the person who carried out the...

A hint of acceptance of a debt interrupts prescription

Malcolm Mifsud

In their application V&C held that it is owed €49996.15 by Tlata...

In their application V&C held that it is owed...

No need of interpretation when the wording of a contract is clear

Malcolm Mifsud

The Court does not need to try to interpret an agreement, when the wording is...

The Court does not need to try to interpret an agreement,...

Prescription period for compensation of works between parts, commences upon split

Malcolm Mifsud

Whosoever, without a just cause, enriches himself to the detriment of others shall, to the limits of such enrichment, reimburse and compensate any patrimonial...

Whosoever, without a just cause, enriches himself to the...