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Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations
Law Report

Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations
The Court concluded that the only way by which the Authorities could be found...
Carpenter has to pay for difference of prices for replacement works
Law Report

Carpenter has to pay for difference of prices for replacement works
The Magistrate’s Court in Gozo ordered a carpenter to pay for the...
Trial periods for new employees are subject to the law
Law Report

Trial periods for new employees are subject to the law
The Police had accused Khalifa, an owner of a business, with failing to pay the...
Agricultural lease is terminated due to illegal construction
Law Report

Agricultural lease is terminated due to illegal construction
The defendants filed a statement of defence and in it they claimed that the...
Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant
Law Report

Court highlights importance of accuracy on charge sheet in criminal proceedings; the absence of which will free defendant
Unless the evidence produced, and the charges brought correspond to what is on...
When landlord offers tenant alternative accommodation, this has to be done in good faith
Law Report

When landlord offers tenant alternative accommodation, this has to be done in good faith
Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows...
Court explains elements of Article 495A allowing co-owners to bring action for the sale of a property in cases of disagreement
Law Report

Court explains elements of Article 495A allowing co-owners to bring action for the sale of a property in cases of disagreement
The particular elements of this section in the Civil Code were explained by...
When parties create a contract it should be presumed that only that which was written was intended to form part of the agreement
Law Report

When parties create a contract it should be presumed that only that which was written was intended to form part of the agreement
The Court heard the facts presented by the parties, which explained that the...
Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession
Law Report

Court denies that man who was passed a bag of drugs by girlfriend was guilty of possession
The Court, in looking at the evidence, commented on how the plaintiff had not...
Refund of deposit takes place when promise of sale expires
Law Report

Refund of deposit takes place when promise of sale expires
The Court ordered that a deposit paid on a promise of sale of a property be...
Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained
Law Report

Lessees may lose their rights to agricultural land if farms and/or any other integral buildings are not maintained
The Court heard the counterclaim by the defendants who stated that the farm had...
An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances
Law Report

An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances
The action was instituted following a judicial letter which George Spiteri...
Attorney General’s newest procedural right to appeal to find retroactive application
Law Report

Attorney General’s newest procedural right to appeal to find retroactive application
The Court explained that procedural criminal law has effective and immediate...
DNA is not the only evidence to establish the paternity of a child
Law Report

DNA is not the only evidence to establish the paternity of a child
In the absence of DNA, declaration of the parents of a child could be...
Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant
Law Report

Plaintiffs’ plea will be rejected when claims are not directed towards ‘proper and relevant’ defendant
 The plaintiff held that he had purchased a property on the island and had...
Court requires ‘best proof’ of the contestation of a debt alleged by a government authority
Law Report

Court requires ‘best proof’ of the contestation of a debt alleged by a government authority
This was decreed by Magistrate Dr Francis Depasquale in the case of Automated...
Surname change from foreign ‘deed poll’ effected in Malta subject to proof
Law Report

Surname change from foreign ‘deed poll’ effected in Malta subject to proof
Once the defendant received the original marriage certificate and registered...
Six-month period on unjust administrative decision cannot be interrupted or suspended
Law Report

Six-month period on unjust administrative decision cannot be interrupted or suspended
Plaintiff claimed that the administrative decision leading to the termination...
If there is no fraud, the best evidence rule should apply on the quantum of a claim
Law Report

If there is no fraud, the best evidence rule should apply on the quantum of a claim
The Court held that although there is a difference between the valuation of a...
Knowledge of spoliation is sufficient
Law Report

Knowledge of spoliation is sufficient
The defendant need not be the person who carried out the spoliation, but the...
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