In a judgement delivered on the 25th September 2019, the Court of Criminal Appeal helped us understand further what is tantamount to harassment. The parte civile in these proceedings carried out their business activities in close proximity to the residence of the accused. The business activities referred to a warehouse used by an import/export company...
Double taxation may occur in the form of economic double taxation when tax is charged on the same income but on different taxpayers. Economic double taxation is not restricted to double taxation on an international level but may occur in the same jurisdiction. On the other hand, double taxation on the same income in two...
The law recognises two types of persons – natural and legal. The former are of course human beings to whom criminal law attributes criminal responsibility for actions that violate norms, the breach of which would result in criminal sanctions. Legal persons, on the other hand, are all those to whom the law attributes a separate...
Government shall be implementing legislation that will provide a Rental Market Reform addressing accessibility to the rental market. The law seeks to ensure stability and predictability through various incentives, which include establishing a minimum rent period, formal registration of Rent Agreements and fiscal advantages for the landlord. The following are a few of the reforms...
The First Hall Civil Court (Constitutional Jurisdiction) ordered the Attorney General to pay Antonio Gatt the sum of €10,000 in moral damages, after deciding that the criminal proceedings against Antonio Gatt, which ended up in him being declared not guilty of all the charges brought against him, took an unreasonable amount of time to be...
A judgement which was delivered on the 3rd June 2019 saw the Court of Magistrates (Malta) presided by Magistrate Dr Doreen Clarke acquitting a Medical Doctor who was represented in these proceedings by Dr Joseph Giglio, after he was accused of having, through imprudence, carelessness, unskilfulness in his art or profession, or non-observance of regulations,...
In a judgement delivered by the Court of Magistrates as a Court of Criminal Judicature, the presiding Magistrate made some very pertinent comments about the prevailing situation in the building industry. The facts of this case related to a very tragic and unfortunate accident which resulted in the untimely death of a French student who...
In a judgement delivered on the 10th May 2019, the Court of Magistrates reaffirmed a well-established principle of criminal procedure. This principle relates to the norm that whenever an amendment to the law takes place one has to always apply the law which is more favourable to the accused. Thus, if a person is charged...
The Trademark Search and Opposition Rules, Subsidiary Legislation 416.03, prescribes the procedure for filing and examining an opposition to the registration of a trademark under Maltese Law. Under the Rules, for each new trademark application, the Commerce Department is obliged to carry out a relative search under the national trademark database in order to identify...
