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Malcolm Mifsud is a partner at Mifsud & Associates.
Unclear claims may be deduced from premises
Law Report 12-01

Although a claim listed in an application may be unclear, other premises mentioned in the same application may throw light on what is being asked for.  This was decided by the Small Claims Tribunal in Lorenz Ltd v Maria Addolorata Di Pasquale and Giovanni on 18 December 2017

A bank guarantee is an autonomous obligation
Law Report 05-01

A bank guarantee is intended to allow comfort for the bank to be paid for a service given. This was held in a court judgement delivered by Mr Justice Joseph Micallef in Clarosa Hotels Limited v APS Bank Limited, Bank of Valletta for any interest it may have and Rosario Tabone and Claudia Spiteri Sacco

Extension of contract means an increase in payment
Law Report 29-12

The Court of Appeal ruled that even though there is a fixed price contract, if there is an extension of the service, then the contractor would be justified to make it more than that agreed 

Couple responsible for damages irrespective of subsequent separation
Law Report 22-12

In a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah Frendo and Chaudreamani Sah v Paul Cremona and Olena Volodymyrivna Caurana Verbytska, an application was filed after claiming damages of €3,366.67

Discrimination is the difference in treatment of the same situation
Law Report 15-12

In a judgment delivered on 5 December in Mark Muscat v HSBC, it was held that when one alleges discrimination, one must prove there is a difference in how they are treated in the same or similar circumstances

Rent Regulation Board, not the courts, is competent to hear all cases concerning rent
Law Report 08-12

The First Hall of Civil Court decided it was not competent to hear cases concerning rent issues in the case of Joseph Sammut v Liliana Jalil

Court removes parental authority from disinterested father
Law Report 01-12

A judgement delivered on 21 November in LB v Dr Christopher Chircop and PL L Tifigno for and on behalf of absent ADS awarded the full parental authority to a mother after the father showed disinterest in his child

Party cannot be in default if time period within which to reply has not elapsed
Law Report 17-11

In a family law dispute named AB v CB, the plaintiffs asked the court to remove the defendants' statement of defence and courter claim

Parties may compete with different titles over the same properties
Law Report 10-11

In a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary Deguara held that If two parties are making claims on the same property, the plaintiff may show the Court that he has a better title than that of the defendant

The repossession of a property must be clearly mentioned as an action of spoliation
Law Report 03-11

Arnaud's mother lived in a property in Valletta but once she passed away, his sister changed the locks, not allowing him to enter

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