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Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing
Law Report

Failure to notify parties in accordance with the law infringes the fundamental right to a fair hearing
The fundamental right to a fair hearing is infringed when parties are not...
A new lease agreement is deemed to be renunciation of the old lease agreement
Law Report

A new lease agreement is deemed to be renunciation of the old lease agreement
When a landlord does not accept the termination of a lease agreement, but rents...
A new lease agreement is deemed to be renunciation of the old lease agreement
Law Report

A new lease agreement is deemed to be renunciation of the old lease agreement
When a landlord does not accept the termination of a lease agreement, but rents...
An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment
Law Report

An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment
An immigrant shall not be deemed to be overstaying from a date of termination...
Good faith is an essential component of contracts
Law Report

Good faith is an essential component of contracts
A contractual obligation is created through an agreement that is reached...
Adultery should be automatically mean the responsibility of the breakdown of marriage
Law Report

Adultery should be automatically mean the responsibility of the breakdown of marriage
Spouses are bound at law to be faithful to each other, however, if one of the...
Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation
Law Report

Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation
Although the law allowing a lawyer to be present at an interrogation was not in...
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 of a child is based on the principle of what is in the best interest and advantage of that child
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

Criminal liability can only be imposed if the formal and material conditions exist concurrently
The prosecution must prove that both the material element and the formal...
Contractor must pay for work carried out
Law Report

Contractor must pay for work carried out
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

For a tender to be cancelled serious irregularities must be proven
The fact that the contracting authority did not follow anti-competition...
Individuals cannot force government to issue property on tender
Law Report

Individuals cannot force government to issue property on tender
Although individuals may have property adjacent to government land, they do not...
Individuals cannot for the government to issue property on tender
Law Report

Individuals cannot for the government to issue property on tender
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

Interim measures in human rights cases should be applied in exceptional cases
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

Court will only investigate a request for a counter-warrant on a prima facie basis
The Court cannot enter deeply into the merits of the case, in order to decide...
A suspicion is not evidence
Law Report

A suspicion is not evidence
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

Aggrieved bidder should not be penalised by mistake of contracting authority
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

Tacit resolutive condition may dissolve agreement only in grave circumstances
The Court will dissolve an agreement containing a tacit resolutive condition...
Court must be morally convinced charges admitted to actually exist
Law Report

Court must be morally convinced charges admitted to actually exist
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

Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria
When determining whether the dismissal from employment is a fair one or...
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