MaltaToday.com.mt - Comment / Law Report

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

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

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...

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...

Representation in a contract must be indicated

Malcolm Mifsud

If a party is representing another party in an agreement or a contract must be...

If a party is representing another party in an agreement or...

Parties may not follow through on promise-of-sale if earnest (kapparra) is paid

Malcolm Mifsud

If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor will have to...

If the purchaser pays earnest (kapparra) the parties may...

Malcolm Mifsud

The jurisdiction of Tribunals are found in special law and if not found in the law, then the courts should adopt their general jurisdiction of the case before...

The jurisdiction of Tribunals are found in special law and...