Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Contracts obtained by fraud must be of a serious nature
Law Report
When one alleged that a contract was obtained by fraud, then that party must...
Court does not give weight to government rent subsidy in deciding rent increases
Law Report
The Court will not take into consideration whether a tenant is entitled to a...
Ordinary remedies must be used before asking for a judicial review
Law Report
Parties subject to an administrative decision must first avail themselves of...
If one wants to file an action for a retrial, the appropriate procedure must be used
Law Report
Not any action may be used for the purposes of a retrial, in terms of Article...
Police must not rest on a report but investigate before issuing charges
Law Report
The police must not issue charges on the basis of a police report without first...
Pretended rights charges borders on the civil law rights
Law Report
Although the charge of pretended rights is a crime, it is not far off from...
Constructive dismissal takes place when employee is forced to resign against his will
Law Report
When resigns not because he wants to but because of the situation he or she is...
A direct relationship establishes a juridical relationship
Law Report
The involvement of a third party in a contract of works puts in doubt the...
There must be a clear understanding in a Prestanome arrangement
Law Report
A Prestanome is an indirect mandate, but the parties have to be aware of its...
Second wife of a few months is entitled to reserved portion after the death of the husband
Law Report
The law provides that the widow of a divorced husband is entitled to receive...
Reasonable time in criminal proceedings, is without delay
Law Report
There is a distinction between civil and criminal proceedings when analysing...
A fair trial includes on whether a judgement can be enforced
Law Report
When examining whether there was a fair trial, a constitutional court will not...
Prescription period starts upon last entry of the account
Law Report
A commercial account between two companies starts not when the order was...
Penalties imposed on who issues needless warrants is a question of public order
Law Report
The Court has the discretion to impose a penalty on a party that issues a...
There is no judicial review for decisions refusing citizenship applications
Law Report
The granting of citizenship is the Minister’s discretion and therefore,...
Appeals from arbitration awards are limited to legal points
Law Report
The Court held that an appeal from an Arbitration award was inadmissible at law...
Maintenance must be paid until it is decided otherwise
Law Report
An order to be maintenance must be followed even if there is a change of...
Maintenance must be paid until it is decided otherwise
Law Report
An order to be maintenance must be followed even if there is a change of...
Lawyers’ obligations cease when company is struck off
Law Report
A law firm engaged by shareholders to set up a company and other services cease...
Guarantees offering general and special hypothecs in favour of a bank, more than adequate security
Law Report
The Court held that HSBC Bank Malta offer adequate security for the...