Law Blog

In Maltese administrative law, judicial review of Environment and Planning Review Tribunal (EPRT) decisions is confined to points of law. Indeed, Article 39 of Chapter 551 of the Laws of Malta states the following: “The decisions of the Tribunal shall be final and no appeal shall lie therefrom (before the Court of Appeal (Inferior Jurisdiction)), […]

When addressing the question of whether end plots outside the Development Zone (ODZ) adjacent to a schemed development may be developed, a careful interpretation of both the Explanatory Note on Rationalisation of Development Zone Boundaries and Policy P6 of the DC15 Guidelines is essential. These two documents must be considered together, as they provide the […]

A colleague of mine, an architect, recently encountered a situation where her client was being pursued by a planning enforcement officer who alleged that the client was unlawfully housing a horse on their property. The officer contended that the client lacked the requisite planning permissions to maintain the animal within the premises. She inquired, “What […]

There is a prevailing belief that the notary is chosen by the buyer because they are the weaker party in a contract of sale. While it is often true that the buyer is the weaker party, the idea that the notary is selected by the buyer to ensure they side with them in case of […]

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 […]