Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Evidence cannot be produced in submissions
Law Report
From the evidence the court concluded that the bones of contention were that...
An action of spoliation is one of public order
Law Report
The Court held that the plaintiff did not have a right to an action of...
Property is deemed to be commercial if complementary to the principal business
Law Report
The board commented that in this case the discontinued conversion took...
Contractor has to make good for damage to State and private property
Law Report
The Court observed that the tender included a number of conditions, obliging...
Court corrects child’s surname
Law Report
A number of witnesses confirmed that they heard the plaintiffs discuss the...
Correct notification is essential for EU tax enforcement procedure
Law Report
A Court revoked an enforcement decree since it was issued before the...
Eviction request: appeals should be filed within time prescribed by law
Law Report
The Constitutional Court turned down an appeal from a partial judgement since...
Administrators of a vacant inheritance have to follow appointment procedure
Law Report
In their application, the plaintiffs claimed that the defendants held on to a...
Court turns down plea that the applicant has other remedies
Law Report
The First Hall of the Civil Court in its Constitutional jurisdiction turned...
Harassment is harassment if there is more than one incident
Law Report
Harassment can take the form of words or actions. The prosecution must prove a...
Cash payments still have to be proved
Law Report
The plaintiff had originally claimed before the Magistrates Court that Galea...
A co-owner has to pay his share for urgent works
Law Report
The shares of the co-owners shall, unless the contrary is proved, be presumed...
Damages arise when a co-owner excludes another co-owner
Law Report
Co-owners cannot occupy common property and take the fruits of that property...
In spoliation, the perpetrator must be identified
Law Report
The plaintiff in his application explained that a block of apartments owned by...
Departmental decision is required for judicial review
Law Report
A court may delve into a government department’s decision and not into...
Interpretation of a contract is taken from the wording of the contract
Law Report
The interpretation of a contract is done in accordance with Article 1002 of the...
Court must limit itself to the ground for liquidation proposed by the plaintiff
Law Report
The court held that if the applicant company did not manage to satisfy the...
Court disagrees with easement claim
Law Report
The plaintiff claimed the defendants make use of a cesspit which is...
Court orders defendants to follow up judicial letters by instituting lawsuit against plaintiff
Law Report
The plaintiffs asked the court to order the defendants to follow up the case by...
No spoliation if defendant had purchased the property, with plans showing windows
Law Report
Before the application was lodged the defendants constructed a new window...