Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Sentencing an under-aged person must be done with care
Law Report
The Magistrates Court held that when a youth is being sentenced, the court must...
Eviction cannot be blocked by the Court, if it has already been carried out
Law Report
The First Hall of the Civil Court turned down a warrant issue request of...
Warrant of prohibitory injunction approved irrespective of special hypothec
Law Report
A Magistrate’s Court upheld an application for a warrant of prohibitory...
When buyer discovers defect, he must take legal action within six months
Law Report
The Magistrates Court upheld a plea of prescription because the buyer of a car...
Court rules that articles of law need not necessarily be mentioned at the conclusion of a judgment
Law Report
A judgment is not null and void if the Court fails to mention all the...
No revocation of garnishee order if filed correctly
Law Report
If a garnishee order is filed according to law, then it should not be revoked,...
Allegation of payment must be proved
Law Report
In the case where a plaintiff is seeking payment and the defendant alleges that...
Vicarious liability in charge sheet must be indicated
Law Report
A person who is being charged with a crime committed when holding a...
No need of judicial acts before appeals before Administrative Review Tribunal
Law Report
The Administrative Review Tribunal turned down a plea from the Ministry of...
Police statement dismissed as hearsay evidence unless corroborated in court
Law Report
A magistrate’s court held that a statement given to the police...
Every EU State must apply directives in conformity with the individual EU member state’s law
Law Report
When the Maltese Parliament transposes a Directive in the Enforcement of...
Appeals of Small Claims Tribunal are limited to points of law
Law Report
A Court of Appeal presiding over a case of Fogg Insurance Agencies Ltd noe...
Legislation failed to protect workers from asbestos
Law Report
A court held that the legislation concerning workers handling asbestos was...
Actions must be filed within the prescribed time
Law Report
A court turned down an action which was instituted after a 20-day period...
Confusion in products is unfair competition
Law Report
The fact that one gas distributor also filled the gas cylinders of competitors...
Documentary evidence must be produced
Law Report
It is not sufficient for a witness to simply testify on a document if it is not...
Notification of judicial letter essential to interrupt prescription
Law Report
A court has ruled that for prescription to be interrupted, a defendant must be...
Lease taken over by widow is not a sublease
Law Report
The act of a widow taking over the lease of a butcher shop does not constitute...
Property above and below land belongs to the landowner
Law Report
Whoever has the ownership of the land has also that of the space above it, and...
Quasi-contract services do not preclude lack of compensation
Law Report
Services rendered to an aunt by her niece are to be compensated for, even if...