MaltaToday.com.mt - Comment / Law Report

Court strikes down severe cash penalty as unconstitutional

In a landmark decision, the Constitutional Court on 24 June 2024 declared a regulation imposing a 55% penalty on travellers carrying over €10,000 in cash as unconstitutional

Court may turn down claims, even if Defendant did not file statement of defence

Malcolm Mifsud

The lack of a statement of defence does not mean that the Defendant is admitting to the claims filed by the Plaintiff

Court orders payment for unjustified enrichment

Malcolm Mifsud

The Court of Appeal on 1 December, 2014 in Albert Mallia -v- Albert Camilleri...

The Court of Appeal on 1 December, 2014 in Albert Mallia...

Malcolm Mifsud

The First Hall of the Civil Court rejected a plea that the issue being discussed was already decided upon in a judgment of the Court of Appeal, since it...

The First Hall of the Civil Court rejected a plea...

Administrative Tribunal disagrees with board’s interpretation of documentary evidence

Malcolm Mifsud

The Administrative Review Tribunal held on November 17, 2014 that the Transfer of Residence Exemption Board misinterpreted clear documentary evidence that an...

The Administrative Review Tribunal held on November 17,...

New Planning Tribunal should have given opportunity to all parties to present evidence

Malcolm Mifsud

The Court of Appeal ruled on 12 November, 2014 in Joseph Xuereb -v- MEPA, that a letter challenging a stop notice was in fact an appeal in terms of the...

The Court of Appeal ruled on 12 November, 2014 in Joseph...

Malcolm Mifsud

The Court of Criminal Appeal on November 3, 2014 told a Magistrate’s Court to reactivate a suspended sentence in order to give an accused person another...

The Court of Criminal Appeal on November 3, 2014 told a...

When can a law firm disclose information?

Malcolm Mifsud

A dispute between ultimate beneficiaries of a company registered in Malta,...

A dispute between ultimate beneficiaries of a company...

High sulphur content in gasoil justifies seizure

Malcolm Mifsud

The First Hall of the Civil Court on 21 October, 2014 turned down a request...

The First Hall of the Civil Court on 21 October, 2014...

Malcolm Mifsud

The First Hall of the Civil Court awarded damages to the owners of rural land and a farmhouse following the eviction of the occupiers of the land.

The First Hall of the Civil Court awarded damages to the...

Malcolm Mifsud

The court ordered a company to pay its former pharmacist after it concluded that the audited accounts did not reflect the reality of what had actually taken...

The court ordered a company to pay its former pharmacist...

Courts may hear disputes, irrespective of arbitration clause

Malcolm Mifsud

The courts may hear and decide upon disputes between parties of an agreement...

The courts may hear and decide upon disputes between...

Court orders son to be returned to the UK

Malcolm Mifsud

The Court ordered that a young boy be taken back to his ordinary residence in...

The Court ordered that a young boy be taken back to his...

Malcolm Mifsud

The First Hall of the Civil Court on 15 September, 2014 appointed a liquidator to prepare and register the liquidation of MIMS Supplies Limited.

The First Hall of the Civil Court on 15 September, 2014...

The onus of proof in electricity theft is shifted on to the defendant

Malcolm Mifsud

The Magistrates’ Court ruled on 21 August that in electricity theft the...

The Magistrates’ Court ruled on 21 August that in...

Debtor will have to pay interest and judicial costs

Malcolm Mifsud

If a debtor does not show that there was a valid reason not to pay a debt, then...

If a debtor does not show that there was a valid reason not...

Court blocks private sale of arrested vessel

Malcolm Mifsud

The First Hall of the Civil Court did not allow a company to purchase a vessel...

The First Hall of the Civil Court did not allow a company...

Malcolm Mifsud

The Court of Appeal ruled on 11 August, 2014 that a tribunal may make use of an expert, so as long as it is in open court.

The Court of Appeal ruled on 11 August, 2014 that a...

Matrimonial home is no guarantee for garnishee order in separation proceedings

Malcolm Mifsud

The Family Court turned down a request to withdraw a garnishee order between spouses since the husband was giving the matrimonial home as a guarantee.

The Family Court turned down a request to withdraw a...

Malcolm Mifsud

A court sent a relapser to prison after he was accused of theft, to which he pleaded guilty.

A court sent a relapser to prison after he was accused...