Ligi Ippjanar

In the context of development planning law, a recurring challenge for applicants is demonstrating that an existing building—often disused or in a state of disrepair—was historically used as a residence. This issue commonly arises in the context of structures located outside development zones (ODZ), but the underlying considerations apply equally to other settings. While the […]

In a judgment delivered on 7 April 2025, the Court of Appeal decided that the Planning Authority could not rely on Article 460 of the Code of Organisation and Civil Procedure (COCP) to stop a civil case when it had already known about the dispute for years. The case, Oliver Ruggier v. L-Awtorità ta’ Malta […]

Every so often, even as judgments age into the fabric of legal routine, one feels the need to return to certain decisions—if only to remind ourselves of the sharpness of procedural boundaries. The 2024 judgment in Kunsill Lokali Pembroke et vs L-Awtorità tal-Ippjanar et is no longer a recent pronouncement, but it remains instructive. It […]

In administrative law, the traditional wisdom is that discretion cannot create law. It must operate within parameters set out by statute or binding policy. Where a public authority acts outside those parameters, it risks legal excess – and the courts, through judicial review, are tasked with redrawing the limits. But is this always true in […]

In recent years, the Court of Appeal has adopted a clear trend of reversing judgments of the Environment and Planning Review Tribunal (EPRT), primarily based on what it identifies as erroneous legal interpretations of applicable planning policies. Still, with some exception, numerous EPRT decisions have been annulled not due to direct breaches of policy wording […]

The advent of artificial intelligence (AI) in legal composition has sparked considerable interest. AI-driven platforms provide tools to refine language, enhance coherence, and standardize tone, benefits that many legal professionals have embraced. Recent discussions at legal technology conferences underscore the imperative for attorneys to adopt AI to boost efficiency and maintain competitiveness in the evolving […]