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| Commercial Companies, insolvency, commercial contracts and the Commercial Section.
JudgmentsEvery section, newest first. CommercialCompanies, insolvency, commercial contracts and the Commercial Section. ConstitutionalFundamental rights, fair hearing and the Constitutional Court. CriminalThe Criminal Court, the Court of Magistrates and the Court of Criminal Appeal. EmploymentThe Industrial Tribunal and the Employment and Industrial Relations Act. FamilyMarriage, separation, maintenance, filiation and the Family Section. PlanningThe Environment and Planning Review Tribunal and the Development Planning Act. PropertyOwnership, servitudes, emphyteusis, leases, rent boards and expropriation.
Commercial · 29 Aug 2026

Former director who poses as one is disqualified

The Civil Court (Commercial Section) disqualified a former director for 15 years on 28 August 2026 for acting for a company after he had resigned, to its detriment. It matters to liquidators and to anyone who still signs for a company.

Commercial · 15 Aug 2026

The liquidator, not the court, picks the best bidder

The Civil Court (Commercial Section) held on 12 August 2026 that in a winding up by the court the liquidator chooses the best offer for company property, and the court only controls that choice. It matters to liquidators, bidders and creditors.

Commercial · 1 Aug 2026

A frozen deposit alone is no just cause for counter-security

The First Hall of the Civil Court held on 30 July 2026 that a company whose €100,000 deposit was garnished showed no just cause to make the creditor give security under article 838A. It matters to anyone opposing a precautionary warrant.

Commercial · 25 Jul 2026

A planned rebuild leaves pothole liability with the council

The Court of Appeal held on 23 July 2026 that a local council stays liable for potholes on a local road although Infrastructure Malta had planned to rebuild it, and it trimmed the damages multiplier. It matters to road-injury claimants and councils.

Commercial · 11 Jul 2026

A paid email booking is a contract, not a payment not due

The Court of Appeal holds that a marina booking was concluded when the client signed and paid, so a later change of mind gives no right to a refund under article 1147. It matters to anyone contracting for services by email.

Commercial · 27 Jun 2026

Konvenju renewal won by deceit is void, and so is the sale

The Court of Appeal held that an advocate obtained an older seller's renewal of two lapsed promises of sale by fraud, and her consent to the sale by violence, and declared both invalid. It matters to anyone who takes or renews a konvenju.

Commercial · 6 Jun 2026

Pothole claim fails without proof the road is the agency's

The Court of Appeal held on 3 June 2026 that an insurer and a car owner suing Infrastructure Malta over a pothole had to prove the road fell under the agency. It matters to anyone bringing a road damage claim against a public body.

Commercial · 30 May 2026

Defendant who litigates for years waives arbitration

The Court of Appeal held that defendants who let a damages case run for 12 years waived an arbitration clause, and that a spouse outside the business answers only with her community share. It matters to litigants relying on arbitration and to spouses of traders.

Commercial · 16 May 2026

Redhibitory action fails if the buyer keeps the goods

The First Hall of the Civil Court dismissed a buyer's claim to rescind the sale of a kitchen because he sued more than six months after the defect appeared and kept using the kitchen instead of depositing it in court. It matters to buyers and sellers of movables.

Commercial · 2 May 2026

Airspace over a seller's ramp passes only if stated

The Court of Appeal held that a house sold as bordering the street did not carry the airspace over the seller's garage ramp, because the deed did not say so and reserved no access. It matters to notaries and owners of layered property.

Commercial · 18 Apr 2026

Actio surrogatoria pays the debtor, not the creditor

The First Hall of the Civil Court held that a creditor using article 1143 can revive a debtor's idle damages claim, but the money goes to the debtor for the benefit of all her creditors. It matters to creditors pursuing debtors with unclaimed rights.

Commercial · 28 Mar 2026

Evicted buyer can sue only its own seller on warranty

The Court of Appeal held that a buyer evicted from property may invoke the warranty of peaceful possession only against the party that sold to it, unless the warranty was extended or assigned. It matters to buyers, sellers and notaries in any chain of sales.

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