Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

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 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
The prosecution must prove that both the material element and the formal...
Contractor must pay for work carried out
Law Report
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
The fact that the contracting authority did not follow anti-competition...
Individuals cannot force government to issue property on tender
Law Report
Although individuals may have property adjacent to government land, they do not...
Individuals cannot for the government to issue property on tender
Law Report
Although individuals may have property adjacent to government land, they do not...
Interim measures in human rights cases should be applied in exceptional cases
Law Report
An interim measure should be allowed in very exceptional circumstances, such...
Court will only investigate a request for a counter-warrant on a prima facie basis
Law Report
The Court cannot enter deeply into the merits of the case, in order to decide...
A suspicion is not evidence
Law Report
Circumstantial evidence is like a chain of evidence that must lead to the guilt...
Aggrieved bidder should not be penalised by mistake of contracting authority
Law Report
Whenever a bidder in a public call for tenders feels that a decision taken by a...
Tacit resolutive condition may dissolve agreement only in grave circumstances
Law Report
The Court will dissolve an agreement containing a tacit resolutive condition...
Court must be morally convinced charges admitted to actually exist
Law Report
The Court when faced with a guilty plea must be still convinced that the charge...
Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria
Law Report
When determining whether the dismissal from employment is a fair one or...
Terms of agreement should be clear between contracting parties
Law Report
The parties to an agreement should be clear to each other and each of the...
Shareholders may sue other shareholders for damages only in certain circumstances
Law Report
Shareholders may take action against other shareholders only when it is...
Reputation issues may be reason to allow a liquidation of a company
Law Report
The Reputation of fellow shareholders may be considered as a grave circumstance...
COVID 19 Legal Notice suspending liquidation of companies should be repealed
Law Report
The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had...
Representation in a contract must be indicated
Law Report
If a party is representing another party in an agreement or a contract must be...
Court cases cannot be repeated only if they are identical
Blogs
The parties to a case cannot file another action if they are identical
Parties may not follow through on promise-of-sale if earnest (kapparra) is paid
Law Report
If the purchaser pays earnest (kapparra) the parties may not contract the sale,...