It is the judge who should evaluate the evidence produced
Malcolm Mifsud
A judge should evaluate all the evidence produced in the acts of the case
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.
Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation
Malcolm Mifsud

Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took place

Although the law allowing a lawyer to be present at an...

Care and custody of a child is based on the principle of what is in the best interest and advantage of that child
Malcolm Mifsud

Care and custody is not based solely on who is the better parent, but the court must see the best interest of the child in the widest sense.

Care and custody is not based solely on who is the better...

Criminal liability can only be imposed if the formal and material conditions exist concurrently
Malcolm Mifsud

The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to be held criminally liable

The prosecution must prove that both the material element...

Contractor must pay for work carried out
Malcolm Mifsud

The general principle of contract of works is that if the works are carried out, then payment must be affected.

The general principle of contract of works is that if the...

For a tender to be cancelled serious irregularities must be proven
Malcolm Mifsud

The fact that the contracting authority did not follow anti-competition...

The fact that the contracting authority did not follow...

Individuals cannot force government to issue property on tender
Malcolm Mifsud

Although individuals may have property adjacent to government land, they do not...

Although individuals may have property adjacent to...

Individuals cannot for the government to issue property on tender
Malcolm Mifsud

Although individuals may have property adjacent to government land, they do not...

Although individuals may have property adjacent to...

Interim measures in human rights cases should be applied in exceptional cases
Malcolm Mifsud

An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger

An interim measure should be allowed in very exceptional...

Court will only investigate a request for a counter-warrant on a prima facie basis
Malcolm Mifsud

The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee order

The Court cannot enter deeply into the merits of the case,...

A suspicion is not evidence
Malcolm Mifsud

Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused

Circumstantial evidence is like a chain of evidence that...

Aggrieved bidder should not be penalised by mistake of contracting authority
Malcolm Mifsud

Whenever a bidder in a public call for tenders feels that a decision taken by a Contracting Authority has been unjust in its regard the first possibility for...

Whenever a bidder in a public call for tenders feels that a...

Tacit resolutive condition may dissolve agreement only in grave circumstances
Malcolm Mifsud

The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim

The Court will dissolve an agreement containing a tacit...

Court must be morally convinced charges admitted to actually exist
Malcolm Mifsud

The Court when faced with a guilty plea must be still convinced that the charge...

The Court when faced with a guilty plea must be still...

Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria
Malcolm Mifsud

When determining whether the dismissal from employment is a fair one or otherwise, the Industrial Tribunal is obliged to verify whether the requisites and...

When determining whether the dismissal from employment is a...

Terms of agreement should be clear between contracting parties
Malcolm Mifsud

The parties to an agreement should be clear to each other and each of the...

The parties to an agreement should be clear to each other...

Shareholders may sue other shareholders for damages only in certain circumstances
Malcolm Mifsud

Shareholders may take action against other shareholders only when it is impossible that the company will take action itself

Shareholders may take action against other shareholders...

Reputation issues may be reason to allow a liquidation of a company
Malcolm Mifsud

The Reputation of fellow shareholders may be considered as a grave circumstance...

The Reputation of fellow shareholders may be considered as...

COVID 19 Legal Notice suspending liquidation of companies should be repealed
Malcolm Mifsud

The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had suspended the winding up of companies as part of the pandemic measures taken

The Commercial Court asked Ministers to repeal Legal Notice...