Banks must explain to clients why they want certain documents
Malcolm Mifsud
Banks are expected to give reasons why they are asking for documents when they are carrying out a due diligence on a customer.
The Court must decide on all pleas raised
Malcolm Mifsud
The Court will decide on all claims and pleas the parties of a case have raised
Joint care and custody can be given, even if the child resides abroad
Malcolm Mifsud

A father can have joint custody of his son even if the mother and son live...

A father can have joint custody of his son even if the...

Partial deprivation of right to property still breach of human rights
Malcolm Mifsud

Partial deprivation of one’s interest in or right over his own property...

Partial deprivation of one’s interest in or right...

Medical evidence crucial in HIV contamination case
Malcolm Mifsud

An alleged HIV infection took place in 2012, but the only test carried out by...

An alleged HIV infection took place in 2012, but the only...

Late shipment leads to revocation of contract
Malcolm Mifsud

The First Hall of the Civil Courts agreed to rescind a contract after the...

The First Hall of the Civil Courts agreed to rescind a...

Court of Criminal Appeal unconvinced by prosecution’s version of events
Malcolm Mifsud

The Court of Criminal Appeal upheld an appeal lodged by former employers, claiming that it was unconvinced with the complainant’s version in her testimony

The Court of Criminal Appeal upheld an appeal lodged by...

Court pinpoints offence  for using false card at an ATM
Malcolm Mifsud

These persons were taking money directly from personal accounts of individuals...

These persons were taking money directly from personal...

Judge gives the history of the Courts’ summer recess
Malcolm Mifsud

The Court held that the Code does not make any reference to when the recess...

The Court held that the Code does not make any reference to...

Employer has to verify resignation claim when alleged by third party

In this case the Tribunal held that an employer’s failure to confirm...

In this case the Tribunal held that an...

Shortfalls in appraisement of property do not result in the suspension of a judicial sale by auction

The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the burdens,...

The said provision of the law states that in the valuation...

Criminal inconvenience must be grave, continuous and intense
Malcolm Mifsud

Usta was accused of operating a loud speaker, gramophone, amplifier etc and...

Usta was accused of operating a loud speaker, gramophone,...

Prohibitory injunction upheld only if it protects right
Malcolm Mifsud

The Court turned down the application to issue the warrant...

The Court turned down the application to issue the...

Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums
Malcolm Mifsud

his case was an appeal by the defendants who held that the decision taken by both the First Hall Civil Court as well as the Court of Appeal contained...

his case was an appeal by the defendants who held that the...

Court confirms revocation of pension  and refund of pensionable funds
Malcolm Mifsud

The Director General has the responsibility to decide to revoke a pension...

The Director General has the responsibility to decide...

Housewife and pensioner still entitled to permanent disability compensation following accident
Malcolm Mifsud

The Civil Court held in its judgement that the driver who hit a pedestrian should still have used better judgment, even though she was blinded by...

The Civil Court held in its judgement that the driver...

Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations
Malcolm Mifsud

The Court concluded that the only way by which the Authorities could be found to have abused their position and implemented an ultra...

The Court concluded that the only way by which the...

Carpenter has to pay for difference of prices for replacement works
Malcolm Mifsud

The Magistrate’s Court in Gozo ordered a carpenter to pay for the...

The Magistrate’s Court in Gozo ordered a carpenter to...

Trial periods for new employees are subject to the law
Malcolm Mifsud

The Police had accused Khalifa, an owner of a business, with failing to pay the...

The Police had accused Khalifa, an owner of a business,...

Agricultural lease is terminated  due to illegal construction
Malcolm Mifsud

The defendants filed a statement of defence and in it they claimed that the...

The defendants filed a statement of defence and in it they...