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Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Court of Appeals asks Identity Malta Agency to be more humane
Law Report

Court of Appeals asks Identity Malta Agency to be more humane
The Court of Appeal criticised Identity Malta Agency for expecting an applicant...
Wife loses maintenance because she was the main contributor to breakdown of marriage
Law Report

Wife loses maintenance because she was the main contributor to breakdown of marriage
The Court ruled that once the wife contributed to the breakdown of the...
Interim measures only granted by the Constitutional Court when no ordinary remedy is available
Law Report

Interim measures only granted by the Constitutional Court when no ordinary remedy is available
Interim measures will only be granted by the Constitutional Court when no...
Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied
Law Report

Conditions for the issuance of a warrant of prohibitory injunction must be cumulatively satisfied
A warrant of prohibitory injunction will only be issued by the Court when the...
Retrial proceedings should not serve as a means of a further appeal
Law Report

Retrial proceedings should not serve as a means of a further appeal
In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe...
Shareholder may use directors of struck-off company only on personal rights
Law Report

Shareholder may use directors of struck-off company only on personal rights
A shareholder of a company which is now struck off the Companies Register is...
Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer
Law Report

Applicant for a Residence and Work permit should not bear responsibility for shortcomings of prospective employer
It is not just and equitable that the applicant for a work and residence permit...
Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing
Law Report

Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing
The fundamental right to a fair hearing is infringed when parties are not...
A new lease agreement is deemed to be renunciation of the old lease agreement
Law Report

A new lease agreement is deemed to be renunciation of the old lease agreement
When a landlord does not accept the termination of a lease agreement, but rents...
A new lease agreement is deemed to be renunciation of the old lease agreement
Law Report

A new lease agreement is deemed to be renunciation of the old lease agreement
When a landlord does not accept the termination of a lease agreement, but rents...
An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment
Law Report

An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment
An immigrant shall not be deemed to be overstaying from a date of termination...
Good faith is an essential component of contracts
Law Report

Good faith is an essential component of contracts
A contractual obligation is created through an agreement that is reached...
Adultery should be automatically mean the responsibility of the breakdown of marriage
Law Report

Adultery should be automatically mean the responsibility of the breakdown of marriage
Spouses are bound at law to be faithful to each other, however, if one of the...
Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation
Law Report

Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation
Although the law allowing a lawyer to be present at an interrogation was not in...
Care and custody of a child is based on the principle of what is in the best interest and advantage of that child
Law Report

Care and custody of a child is based on the principle of what is in the best interest and advantage of that child
Care and custody is not based solely on who is the better parent, but the court...
Criminal liability can only be imposed if the formal and material conditions exist concurrently
Law Report

Criminal liability can only be imposed if the formal and material conditions exist concurrently
The prosecution must prove that both the material element and the formal...
Contractor must pay for work carried out
Law Report

Contractor must pay for work carried out
The general principle of contract of works is that if the works are carried...
For a tender to be cancelled serious irregularities must be proven
Law Report

For a tender to be cancelled serious irregularities must be proven
The fact that the contracting authority did not follow anti-competition...
Individuals cannot force government to issue property on tender
Law Report

Individuals cannot force government to issue property on tender
Although individuals may have property adjacent to government land, they do not...
Individuals cannot for the government to issue property on tender
Law Report

Individuals cannot for the government to issue property on tender
Although individuals may have property adjacent to government land, they do not...
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