Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

When signing an agreement, you are bound by that agreement
Law Report
When one signs an agreement that would be an indication that he or she would be...
Court outlines the essential elements needed for a judgement to be found “res judicata”
Law Report
Since the plea of res judicata is meant to stop an action from being decided by...
Court outlines the essential elements needed  for a judgement to be found 'res judicata'
Law Report
Since the plea of res judicata is meant to stop an action from being decided by...
Appeal from a decision of the Industrial Tribunal  must be on a point of law
Law Report
An appeal application purely based on the disagreement with the analysis of the...
When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory
Law Report
For the accused to be found guilty on the basis of the testimony of one...
Court refuses to decide on the merits of an executive garnishee order
Law Report
Where the law states in Article 281 of the Code of Organisation and Civil...
Court of Appeal will not re-examine  facts following a voluntary arbitration
Law Report
Following an arbitration award, the Court of Appeal cannot enter into the facts...
Court awards sum of wages owed to employee although employment contract was not in writing
Law Report
An employment contract is not one which is enlisted in Article 1233 which...
Article 12 of Housing (DeControl) Ordinance  in violation of human rights
Law Report
The Housing (DeControl) Ordinance states that where a dwelling house has been...
Judicial review procedure cannot substitute the natural process of complaints
Law Report
The Court faced with a judicial review lawsuit is not competent to hear it if...
Bills of Exchange will not be enforced if they are a result of usury
Law Report
If the Court establishes that a bill of exchange has an element of usury, then...
Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property
Law Report
The Court concluded that the plaintiff was to take possession of the half...
Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit
Law Report
The Court concluded that Xuereb has an interest in the proceedings because the...
Co-owners may force a sale of common property
Law Report
The Court ordered that the plaintiffs were to sell the property in terms of the...
Garnishee order must be issued by court competent to take cognizance of the matter
Law Report
The issuing of a garnishee order by a court, that does not have the authority...
POAs: Mandators cannot escape liability if they cannot read Maltese or English
Law Report
The Court concluded that the defendant did not adequately prove that the...
Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion
Law Report
The Court held that according to the evidence the accused was proven to have...
An obvious falsification of a document is not a crime
Law Report
The Court applied a legal principle where the use of a document which is...
Abduction cases against parent based on UN Convention procedurally defective
Law Report
The Convention on the Rights of the Child only pertains to States, and not...
Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website
Law Report
The Tribunal held that in this case, it was clear that the applicant was...