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| Constitutional Fundamental rights, fair hearing and the Constitutional Court.
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.
Constitutional · 23 May 2026

Owner must prove a protected lease existed before 1995

The First Hall of the Civil Court dismissed a landlord's rent-law claim on 18 May 2026 because an unsigned rent book, an undated electoral extract and an affidavit did not prove a lease protected by Chapter 69. It matters to anyone suing the State over an old lease.

Constitutional · 16 May 2026

Owners paid decades late get inflation-linked damages

The Constitutional Court held on 11 May 2026 that owners whose land was expropriated in the 1960s and paid for only in 2021 must also receive pecuniary damages, built on the 1965 value indexed for inflation with interest. It awarded €217,039.

Constitutional · 9 May 2026

A 2% rent cap does not breach a landlord's property right

The Constitutional Court held on 4 May 2026 that the 2% rent ceiling for former emphyteutic homes strikes a fair balance, and added €16,000 for the months before a court-set increase took effect. It matters to owners with protected tenants.

Constitutional · 2 May 2026

Financial Services Tribunal fails the fair-hearing test

The First Hall of the Civil Court held that a fine by the Malta Financial Services Authority, reviewable only by a minister-appointed tribunal and then on law, is likely to breach the right to a fair hearing. It stayed the appeal until the law is amended.

Constitutional · 25 Apr 2026

Delay that denies cross-examination breaches fair trial

The First Hall of the Civil Court held on 22 April 2026 that a wait of more than 20 years for trial, during which the main prosecution witness died before cross-examination, breached the right to a fair hearing. It awarded €6,000.

Constitutional · 18 Apr 2026

No appeal lies once a rights claim is called frivolous

The Constitutional Court held on 13 April 2026 that no appeal lay from a finding that a rights claim against a removal order was frivolous and vexatious, and found the claim baseless in any case. It matters to lawyers in immigration and human rights cases.

Constitutional · 11 Apr 2026

Prisoner stays in prison while his rights case is heard

The First Hall of the Civil Court refused on 10 April 2026 to release a prisoner serving a final sentence while his constitutional case is heard, and set a quick hearing instead. It matters to lawyers who challenge final criminal judgments on human rights grounds.

Constitutional · 28 Mar 2026

Laundering freeze under pre-2024 law covers all assets

The First Hall of the Civil Court held on 23 March 2026 that a money laundering freezing order could not be cut down to the alleged proceeds, and that other remedies kept it proportionate. It matters to lawyers acting for accused persons whose assets are frozen.

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