MaltaToday.com.mt - Comment / Law Report

Delegation does not eliminate personal responsibility

Gianluca Cappitta

In a judgment in the names Bonello vs Debono, delivered by the Court of Appeal, the court gave a practical reminder on the limits of delegating tax affairs to a professional

No need for a precise price but need of a fair price in co-ownership action

Malcolm Mifsud

The law allows co-owners of a property to arrive at a fair price when the majority would like to sell, while the minority is resisting the sale

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...

The Court of Criminal Appeal has delivered a judgment in...

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

The parties of a contract should enter into that contract...

When there is no defence, the plaintiff still has to prove the case

Malcolm Mifsud

When the defendant fails to file a statement of defence, this does not mean...

When the defendant fails to file a statement of defence,...

Court rules pensioner should receive an increase in pension

Malcolm Mifsud

The Court of Appeal in its deliberations held that the fact that the Appellant...

The Court of Appeal in its deliberations held that the fact...

The defendant must be involved in the transaction

Malcolm Mifsud

For a Defendant to be the correct Defendant, it must be shown that prima facie...

For a Defendant to be the correct Defendant, it must be...

EU legislation allows compensation for those who are denied boarding a flight

Malcolm Mifsud

EU legislation allows compensation in cases when people are unjustifiably denied boarding

EU legislation allows compensation in cases when people are...

A request for retrial cannot be made to contest the interpretation of First Court

Jodie Darmanin

A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court

A request for retrial will not be accepted by the Court if...

Once a company does not pay its debts the court may liquidate it

Malcolm Mifsud

The law allows a liquidation of a company upon the application of a creditor if...

The law allows a liquidation of a company upon the...

An investor must bear all the risks of an investment

Malcolm Mifsud

An EU official took all the risk when she invested her severance package, with...

An EU official took all the risk when she invested her...

A judicial review may be done only against the public administration

Malcolm Mifsud

A call to include persons with interest in the action was turned down because...

A call to include persons with interest in the action was...

Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded

The Developer must bear the expenses for reconstructing a common party wall when the height proposed in the development cannot be supported by the common wall

The Developer must bear the expenses for reconstructing a...

Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors

Malcolm Mifsud

A judicial liquidation is aimed at protecting creditors and is done by a collective procedure

A judicial liquidation is aimed at protecting creditors and...

Damages lawsuit requires proof of direct link between action and its alleged consequences

Malcolm Mifsud

An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed

An action for damages requires that there must be a direct...

Court must assure that all co-owners receive a fair price in forced sale of property

Malcolm Mifsud

When the majority of co-owners request the sale of the property, the Court has to see whether the sale will cause serious prejudice to the minority

When the majority of co-owners request the sale of the...

Restorative justice focuses on repairing harm caused by criminal behaviour through reconciliation, accountability, and reintegration rather than solely...

Restorative justice focuses on repairing harm caused by...

Before depositing rent in court, a tenant must first offer payment

Malcolm Mifsud

A deposit of rent in court is only valid if the tenant first offers payment to...

A deposit of rent in court is only valid if the tenant...

Payment of rent by agricultural produce has to be subject to a written agreement

Malcolm Mifsud

An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement

An agricultural lease may be paid by fruit or vegetables;...

Producing no evidence may imply responsibility

Malcolm Mifsud

If a party to any action does not produce any evidence in a damages case, it...

If a party to any action does not produce any evidence in a...