MaltaToday.com.mt - Comment / Law Report

Part-payment of bills of exchange can block their execution

Malcolm Mifsud

If the debtor pays in part the bills of exchange, the court may reject an application for them to be declared as an executive title

Court denies property division due to plaintiffs’ lack of evidence

Malcolm Mifsud

In a recent decision, the First Hall of the Civil Court, presided over by Justice Dr Joanna Vella Cuschieri, ruled against the division of a co-owned property in the case of...

Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation

Malcolm Mifsud

Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took place

Although the law allowing a lawyer to be present at an...

Care and custody of a child is based on the principle of what is in the best interest and advantage of that child

Malcolm Mifsud

Care and custody is not based solely on who is the better parent, but the court must see the best interest of the child in the widest sense.

Care and custody is not based solely on who is the better...

Criminal liability can only be imposed if the formal and material conditions exist concurrently

Malcolm Mifsud

The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to be held criminally liable

The prosecution must prove that both the material element...

Contractor must pay for work carried out

Malcolm Mifsud

The general principle of contract of works is that if the works are carried out, then payment must be affected.

The general principle of contract of works is that if the...

For a tender to be cancelled serious irregularities must be proven

Malcolm Mifsud

The fact that the contracting authority did not follow anti-competition...

The fact that the contracting authority did not follow...

Individuals cannot force government to issue property on tender

Malcolm Mifsud

Although individuals may have property adjacent to government land, they do not...

Although individuals may have property adjacent to...

Individuals cannot for the government to issue property on tender

Malcolm Mifsud

Although individuals may have property adjacent to government land, they do not...

Although individuals may have property adjacent to...

Interim measures in human rights cases should be applied in exceptional cases

Malcolm Mifsud

An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger

An interim measure should be allowed in very exceptional...

Court will only investigate a request for a counter-warrant on a prima facie basis

Malcolm Mifsud

The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee order

The Court cannot enter deeply into the merits of the case,...

Malcolm Mifsud

Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused

Circumstantial evidence is like a chain of evidence that...

Aggrieved bidder should not be penalised by mistake of contracting authority

Malcolm Mifsud

Whenever a bidder in a public call for tenders feels that a decision taken by a Contracting Authority has been unjust in its regard the first possibility for...

Whenever a bidder in a public call for tenders feels that a...

Tacit resolutive condition may dissolve agreement only in grave circumstances

Malcolm Mifsud

The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim

The Court will dissolve an agreement containing a tacit...

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Malcolm Mifsud

Court must be morally convinced charges admitted to actually exist

Malcolm Mifsud

The Court when faced with a guilty plea must be still convinced that the charge...

The Court when faced with a guilty plea must be still...

Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria

Malcolm Mifsud

When determining whether the dismissal from employment is a fair one or otherwise, the Industrial Tribunal is obliged to verify whether the requisites and...

When determining whether the dismissal from employment is a...

Terms of agreement should be clear between contracting parties

Malcolm Mifsud

The parties to an agreement should be clear to each other and each of the...

The parties to an agreement should be clear to each other...

Shareholders may sue other shareholders for damages only in certain circumstances

Malcolm Mifsud

Shareholders may take action against other shareholders only when it is impossible that the company will take action itself

Shareholders may take action against other shareholders...

Reputation issues may be reason to allow a liquidation of a company

Malcolm Mifsud

The Reputation of fellow shareholders may be considered as a grave circumstance...

The Reputation of fellow shareholders may be considered as...

COVID 19 Legal Notice suspending liquidation of companies should be repealed

Malcolm Mifsud

The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had suspended the winding up of companies as part of the pandemic measures taken

The Commercial Court asked Ministers to repeal Legal Notice...