Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Non fulfilment of obligations may result in damages
Law Report
Damages may ensue as a consequence when someone fails to fulfil his or her...
On last day of work, one can apply to Industrial Tribunal
Law Report
The four-month period in which a former employee may file an Industrial...
Authorities have an obligation to assist the public
Law Report
uthorities are bound at law to give all vital information to the public in...
Civil Court has competence to hear issues dealing with commercial rural leases
Law Report
The Civil Court have jurisdiction to decide cases concerning commercial leases...
Suspended sentence cannot be awarded in certain circumstances
Law Report
The Court of Criminal Appeal switched the punishment of a person who was first...
The three principles of criminal punishment explained
Law Report
When awarding a punishment in criminal cases, the courts have to keep in mind...
Court accepts and explains defence of provocation
Law Report
The Court of Criminal Appeal overturned a conviction of a mother, since the...
Court has wide powers to appoint company administrator
Law Report
The Companies Act allows the Court to have a wide discretion to appoint...
Adoption does not block a declaration of who is the natural father
Law Report
A father was declared the natural father of a minor child, irrespective of the...
No need to ask for premises to be vacated, immediately after Court auction
Law Report
When a property is purchased by court auction, there is no need that the...
Garnishee order may change if circumstances change
Law Report
A garnishee order may be revoked in whole or in part if the circumstances of...
Structural alternatives in rented properties do not necessarily result in termination of the lease
Law Report
Those structural alternations in rented property which are required does not...
Not all roads are government property
Law Report
The fact that the government puts asphalt on a private road, does not convert...
Court should limit itself to claims
Law Report
The civil court should always follow its procedure, even if a constitutional...
Warrant upheld once it is satisfying all the requests
Law Report
A warrant of prohibitory injunction may be issued once that the three elements...
Changes to names of parties of a lawsuit may be corrected
Law Report
The Court has wide powers to correct the names of acts of court cases in order...
Court will use principle of proportionality to determine whether a party can appeal a judgement in parte
Law Report
The court held that since it was a commercial case and the applicant was a...
When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation
Law Report
Where an executive warrant does not rest on an executive title, such as in the...
Any administrative act may be scrutinised by the Administrative Review Tribunal
Law Report
The Administrative Review Tribunal is competent to hear and decide any...
No prescription among co-debtors
Law Report
When a co-debtor pays the debtor, the other debtor cannot raise the plea of...