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
Termination of community of acquests during separation proceedings concern future dealings only
Malcolm Mifsud

The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses

The community of acquests may be terminated during...

Warrants enforcing executive titles may be challenged in very limited cases
Malcolm Mifsud

Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has been issued

Once the merits of a case have been decided, the court...

If you engage an incompetent person, you are responsible for damages caused
Malcolm Mifsud

Damages caused by a incompetent contractor, will be charged to the party who engaged that contractor

Damages caused by a incompetent contractor, will be charged...

Suspension of court case in order to wait for another court case is exceptional
Malcolm Mifsud

The Courts may be faced with a situation whether it would be best to wait for the outcome of another case

The Courts may be faced with a situation whether it would...

Administrative decisions cannot be revoked without consultation
Malcolm Mifsud

Authorities cannot reply merely on third party complains when it revokes...

Authorities cannot reply merely on third party complains...

It’s plaintiff that must prove its case to Court’s satisfaction
Malcolm Mifsud

The Court may rest solely on the plaintiff’s evidence, even if the...

The Court may rest solely on the plaintiff’s...

Bank revives company with the hope of receiving payment
Malcolm Mifsud

The law provides that creditors of a company which had been struck off from the...

The law provides that creditors of a company which had been...

Academic qualifications are essential to assure professional competencies
Malcolm Mifsud

Professionals who apply for a warrant must show that they have obtained the required academic qualifications

Professionals who apply for a warrant must show that they...

Accepting the rent irrespective breach of contract has its consequences
Malcolm Mifsud

The fact that the lessor accepted the rent for several years, even though there was a breach of the lease conditions on the part of the lessee, has its...

The fact that the lessor accepted the rent for several...

Non observance of procedures does not necessarily annul an expropriation
Malcolm Mifsud

Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation

Not every non observance of the procedure outlined by law,...

Financial Adviser’s position may be a material fact in a financial services complaint
Malcolm Mifsud

The fact that an investor is also an investment adviser, has bearing on the fact that he took decisions that he was well aware of the risks that were being...

The fact that an investor is also an investment adviser,...

The importance of signatures in tender bids
Malcolm Mifsud

The signatures required in bids for tenders are important because a tender is a...

The signatures required in bids for tenders are important...

European arrest warrants are based on mutual trust among EU states
Malcolm Mifsud

European Arrests Warrants system within the European Union is based on the...

European Arrests Warrants system within the European Union...

Teachers should have a good conduct throughout their career
Malcolm Mifsud

Teachers must hold on to the requisites of their warrant throughout their...

Teachers must hold on to the requisites of their warrant...

Can the rearing of pigeons amount to harassment?
Malcolm Mifsud

The offence of harassment requires the principle of this offence to behave in...

The offence of harassment requires the principle of this...

Fundamental elements of the warrant of prohibitory injunction
Malcolm Mifsud

The warrant of prohibitory injunction prevents a person or entity from doing...

The warrant of prohibitory injunction prevents a person or...

Impossibility of paying maintenance is no defence in criminal proceedings
Malcolm Mifsud

The defence of impossibility in criminal proceedings does not eliminate criminal responsibility

The defence of impossibility in criminal proceedings does...

If the accused understands the charges, then guilty plea stands
Malcolm Mifsud

If the accused understand that the charges he is admitting to, then that guilty...

If the accused understand that the charges he is admitting...