Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Compensation of expropriated land is liable to interest from day it is offered
Law Report
The law provides that interest should be added to the compensation given from...
Authority cannot notify non-existent company
Law Report
The Lands Department was correct to notify the person occupying a property,...
Notification must be done to the correct address
Law Report
The court marshal must carry out notification of court documents to the correct...
Best interest of minors should prevail
Law Report
The concept of best interest of a minor should prevail in situations of care,...
Appeals from Industrial Tribunal should be only on points of law
Law Report
The Court of Appeal annulled an appeal on the ground that the appeal was...
Court of Appeal wants a one stop shop for when people sue the government
Law Report
The Court of Appeal wants the law changed in order for plaintiffs to sue...
Judge recognises defendant’s right to abandon business after plaintiff’s default
Law Report
Once a plaintiff defaulted on his obligations contracted with a defendant, the...
A legal contract of works shall have the force of law, with no room for interpretation when the terms of agreement are clear
Law Report
The cardinal principle that governs a contract remains that the contractual...
The Constitutional Court denies discharge as a provisional measure
Law Report
The Constitutional Court denies discharge as a provisional measure
Party must appeal from identical judgment in another case
Law Report
A party to an appeal had an appeal rejected because she failed to appeal from...
A delay in proceedings does not mean that a person does not serve his time in prison
Law Report
The Constitutional Court held that once a case was to be held with urgency,...
A garnishee order may be reduced if the circumstances have changed
Law Report
If there is a change in circumstances which allow the reduction of a garnishee...
Court of Appeal explains the three elements of the plea of res judicata
Law Report
The Court of Appeal upheld a plea that the case has already been decided on...
When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded
Law Report
The Court held that the Criminal Court has a discretion to award a punishment...
The revival of a company is done for exceptional reasons
Law Report
The Court will revive a company which would have been struck off within five...
Fingerprints alone may be sufficient for an accused to be found guilty of theft
Law Report
There is no need of other circumstantial evidence, if fingerprints are found,...
Court grants divorce after the wife remarries
Law Report
The Court grants a divorce to the husband, when it is clear that the wife...
Court must be precise on whether it is finding the accused guilty or not
Law Report
A judgment is null if it is not clear whether the court has found a person...
Legitimate expectations are not set in stone
Law Report
The changes in circumstances may allow a change in legitimate expectations
You can only sell what you have
Law Report
A promise of sale agreement could not have been entered into because the seller...