Law Blog

According to Article 39 of Chapter 551 of the Laws of Malta, judicial review in planning law is primarily concerned with ensuring legal compliance, not with revisiting the factual determinations made by the EPRT. In other words, courts should interpret the law, not re-assess the facts that the Tribunal members have already evaluated. However, a […]

Every lawyer, at some point, faces the critical question: “Should I appeal?” The answer is rarely straightforward. While an appeal can correct legal errors, it also carries risks—wasted time, unnecessary costs, and, in some cases, an even less favourable outcome. The decision to appeal is not merely a question of dissatisfaction with a judgment but a matter […]

The traditional distinction between fact and law in judicial review is becoming increasingly blurred with recent court decisions on development planning law. This morning the Court of Appeal held in no uncertain terms:  “Għalkemm interpretazzjoni ta’ fatti hi mhollija fid-diskrezzjoni tat-Tribunal, madankollu meta l-fatti juru stampa differenti minn kif rahom it-Tribunal li inducewh jasal għal […]

In Maltese property law, the issue of servitudes often arises, particularly when it comes to the regulation of distances between properties. A key provision in this area, found in Article 443 of the Maltese Civil Code, dictates that a window must be set back at least 76 cm from a party wall. The intention behind […]

This blog is not being written out of any personal favour for Mr Joseph Borg, the incumbent chairman of the Environment and Planning Review Tribunal (EPRT). I have to admit, there are times when my insistence during the sittings he presides over can be quite unbearable, prompting him to stop me in a rather abrupt […]

The conservation of historic buildings is an inherently complex and often contentious issue, especially when it comes to determining whether to preserve, reconstruct, or replicate specific elements. A central challenge in this process is the question of what constitutes “significance” in a building’s history and how we decide which aspects of that history should be […]