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Errors in charge sheet lead to acquittal in criminal case

Errors in charge sheet lead to acquittal in criminal case
On 29 September 2025, Magistrate Yana Micallef Stafrace, in Police vs Ojo Osuyuwame, reaffirmed a key tenet of criminal law that no one can be found guilty of an offence...
The choice of law may be deduced from the terms of the contract

The choice of law may be deduced from the terms of the contract
Malcolm Mifsud
The choice of law in a contract may be determined either if it is expressly mentioned or else from what one can gather from the terms and conditions which one applies
Landlords' battle over rent control ends in defeat

Landlords' battle over rent control ends in defeat

Gianluca Cappitta

Judge Lawrence Mintoff, dismissed claims by property owners seeking to...

Judge Lawrence Mintoff, dismissed claims by property owners...

Court strikes down severe cash penalty as unconstitutional

Court strikes down severe cash penalty as unconstitutional

In a landmark decision, the Constitutional Court on 24 June 2024 declared a...

In a landmark decision, the Constitutional Court on 24 June...

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

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

The lack of a statement of defence does not mean that the...

Scam victims are bound to be diligent

Scam victims are bound to be diligent

Malcolm Mifsud

A victim of a scam cannot use the scam as a defence against a claim to pay debts

A victim of a scam cannot use the scam as a defence against...

Plea of res judicata declined as merits not discussed in initial case

Plea of res judicata declined as merits not discussed in initial case

A plea of res judicata was rejected because the merits of the case were not...

A plea of res judicata was rejected because the merits of...

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

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 Court should take into account the value of the...

Qualifications must be equal to that listed in the law

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...

The law provides a list of subjects that have to be covered...

A threat must be realistic in order for it to be a crime

A threat must be realistic in order for it to be a crime

Malcolm Mifsud

A threat must be realistic and the person who is making the threat must have...

A threat must be realistic and the person who is making the...

Court will not enter into intricacies when dealing with a precautionary warrant

Court will not enter into intricacies when dealing with a precautionary warrant

Malcolm Mifsud

The Court needs to be satisfied that a precautionary warrant was issued to safeguard a legitimate claim and was not issued because of abuse of the procedure

The Court needs to be satisfied that a precautionary...

Shareholder is distinct from the company

Shareholder is distinct from the company

Malcolm Mifsud

An agreement entered into by the majority shareholder of a company may have no bearing on the company

An agreement entered into by the majority shareholder of a...

Litigants should make use of every remedy available to ensure justice

Litigants should make use of every remedy available to ensure justice

In the recent case of Mark Micallef vs The State Advocate, the plaintiff...

In the recent case of Mark Micallef vs The State Advocate,...

Parties in lawsuits living abroad must be represented in the proceedings

Parties in lawsuits living abroad must be represented in the proceedings

Malcolm Mifsud

If there is no representative, this does not make the acts null. On the other hand, this does not mean that the case can continue to proceed.

If there is no representative, this does not make the acts...

It is the judge who should evaluate the evidence produced

It is the judge who should evaluate the evidence produced

Malcolm Mifsud

A judge should evaluate all the evidence produced in the acts of the case

A judge should evaluate all the evidence produced in the...

Banks must explain to clients why they want certain documents

Banks must explain to clients why they want certain documents

Malcolm Mifsud

Banks are expected to give reasons why they are asking for documents when they...

Banks are expected to give reasons why they are asking for...

The Court must decide on all pleas raised

The Court must decide on all pleas raised

Malcolm Mifsud

The Court will decide on all claims and pleas the parties of a case have raised

The Court will decide on all claims and pleas the parties...

Co-owners cannot block the use of other co-owners

Co-owners cannot block the use of other co-owners

Malcolm Mifsud

Co-owners must make use of the property in common as long as it is done in the...

Co-owners must make use of the property in common as long...

A creditor may ask a company to be revived

A creditor may ask a company to be revived

Malcolm Mifsud

A company which is owed money from a company which has been struck off the...

A company which is owed money from a company which has been...

The elements of a retrial must be cumulative

The elements of a retrial must be cumulative

Malcolm Mifsud

When arguing for a retrial, the elements of a retrial must all exist

When arguing for a retrial, the elements of a retrial must...

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