Law Blog

01. 12
2025

Why Wednesbury reasonableness remains a reasonable safeguard

Any contemporary account of judicial review that discusses Wednesbury reasonableness has to acknowledge a standard critique: many scholars and practitioners regard it as vague, excessively deferential and ill-suited to a rights-sensitive administrative law. They complain that it hides judicial value-judgements behind the opaque phrase “so unreasonable that no reasonable authority could have come to it”, […]
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22. 11
2025

Latest Planning Commitment should not work against you

A recurring issue which comes to mind in planning law is what happens when a lawful use is surrounded, years later, by more intensive development. Can those later “commitments” be turned against the earlier operator, to the point of choking off its right to continue? The recent judgment of the Court of Appeal (Inferior Jurisdiction) […]
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10. 11
2025

In planning law, the path matters

There is value in an appellate court that reaches the right destination under pressure; but in adjudication the route is not a detail. When, say, a court limits an appeal to a preliminary point, that boundary becomes part of the case’s legal architecture. It shapes what the parties prepare, what they argue, and what they […]
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04. 11
2025

Interpreting planning policies

Interpreting Maltese planning policy is not a contest of slogans. It begins with the words the instrument actually uses while refusing to read them in isolation; the ordinary meaning is the starting point, but never the finishing line, because text must be read in its immediate setting of definitions, provisos, annexes and schedules – interpretation […]
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