Qualifications must be equal to that listed in the law
Malcolm Mifsud
The law provides a list of subjects that have to be covered for a person to obtain a warrant in accountancy.
A threat must be realistic in order for it to be a crime
Malcolm Mifsud
A threat must be realistic and the person who is making the threat must have the means to carry out the threat.
The loss of remission is not a punishment but a means of keeping discipline in prison
Malcolm Mifsud

The introduction of the Remission Board meant the prison authorities could reduce the days of remission and therefore, the longer prisoners are kept

The introduction of the Remission Board meant the prison...

The Court may ask an interested party to join a court case
Malcolm Mifsud

The Court has the power to order a third party to a lawsuit to join the action,...

The Court has the power to order a third party to a lawsuit...

An email may be sufficient for an agreement
Malcolm Mifsud

The Court had to delve into the wording of an email to see what agreement had...

The Court had to delve into the wording of an email to see...

Compensation of expropriated land is liable to interest from day it is offered
Malcolm Mifsud

The law provides that interest should be added to the compensation given from the date when the government offered the compensation following an expropriation...

The law provides that interest should be added to the...

Authority cannot notify non-existent company
Malcolm Mifsud

The Lands Department was correct to notify the person occupying a property,...

The Lands Department was correct to notify the person...

Notification must be done to the correct address
Malcolm Mifsud

The court marshal must carry out notification of court documents to the correct...

The court marshal must carry out notification of court...

Best interest of minors should prevail
Malcolm Mifsud

The concept of best interest of a minor should prevail in situations of care, custody, access and maintenance

The concept of best interest of a minor should prevail in...

Appeals from Industrial Tribunal should be only on points of law
Malcolm Mifsud

The Court of Appeal annulled an appeal on the ground that the appeal was...

The Court of Appeal annulled an appeal on the ground that...

Court of Appeal wants a one stop shop for when people sue the government
Malcolm Mifsud

The Court of Appeal wants the law changed in order for plaintiffs to sue directly the government or the State Advocate as its main legal counsel rather than...

The Court of Appeal wants the law changed in order for...

Government boards subject to judicial review

In the case ‘L-Avukat Malcolm Mifsud u l-Avukat Cedric Mifsud vs il-Bord...

In the case ‘L-Avukat Malcolm Mifsud u l-Avukat...

Judge recognises defendant’s right to abandon business after plaintiff’s default
Malcolm Mifsud

Once a plaintiff defaulted on his obligations contracted with a defendant, the same defendant had every right to abandon the business set up with the plaintiff

Once a plaintiff defaulted on his obligations contracted...

A legal contract of works shall have the force of law, with no room for interpretation when the terms of agreement are clear
Malcolm Mifsud

The cardinal principle that governs a contract remains that the contractual obligation must be respected, and that it is the will of the contracting parties as...

The cardinal principle that governs a contract remains that...

The Constitutional Court denies discharge as a provisional measure
Malcolm Mifsud

The Constitutional Court denies discharge as a provisional measure

The Constitutional Court denies discharge as a provisional...

An executive warrant of arrest of sea vessels may only be impugned for a valid reason at law

An Executive Warrant of Arrest of Sea Vessels which is issued may only be revoked following an application containing all desired submissions together with all...

An Executive Warrant of Arrest of Sea Vessels which is...

Party must appeal from identical judgment in another case
Malcolm Mifsud

A party to an appeal had an appeal rejected because she failed to appeal from...

A party to an appeal had an appeal rejected because she...

A delay in proceedings does not mean that a person does not serve his time in prison
Malcolm Mifsud

The Constitutional Court held that once a case was to be held with urgency, there was no need that the applicant be released from prison until the case is...

The Constitutional Court held that once a case was to be...

A garnishee order may be reduced if the circumstances have changed
Malcolm Mifsud

If there is a change in circumstances which allow the reduction of a garnishee...

If there is a change in circumstances which allow the...

Court of Appeal explains the three elements of the plea of res judicata
Malcolm Mifsud

The Court of Appeal upheld a plea that the case has already been decided on (res judicata), since there existed the three elements that make up this plea

The Court of Appeal upheld a plea that the case has already...