Ligi Ippjanar

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 […]

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 […]