Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Unfair dismissal must be decided on basis of legal requisites, not arbitrary criteria
Law Report
When determining whether the dismissal from employment is a fair one or...
Terms of agreement should be clear between contracting parties
Law Report
The parties to an agreement should be clear to each other and each of the...
Shareholders may sue other shareholders for damages only in certain circumstances
Law Report
Shareholders may take action against other shareholders only when it is...
Reputation issues may be reason to allow a liquidation of a company
Law Report
The Reputation of fellow shareholders may be considered as a grave circumstance...
COVID 19 Legal Notice suspending liquidation of companies should be repealed
Law Report
The Commercial Court asked Ministers to repeal Legal Notice 373/2020, which had...
Representation in a contract must be indicated
Law Report
If a party is representing another party in an agreement or a contract must be...
Court cases cannot be repeated only if they are identical
Blogs
The parties to a case cannot file another action if they are identical
Parties may not follow through on promise-of-sale if earnest (kapparra) is paid
Law Report
If the purchaser pays earnest (kapparra) the parties may not contract the sale,...
Tribunals are set up by special laws
Law Report
The jurisdiction of Tribunals are found in special law and if not found in the...
When public interest comes into play
Law Report
The authorities may take measures in private property in order to safeguard...
Judicial review may take place on fines, even though they have been paid
Law Report
The decision to impose a fine from an administrative authority may be subject...
Enforcement of foreign tax claims is based on reciprocal EU co-operation
Law Report
The enforcement and the collection of taxes for EU member states is based on...
The Arbiter for Financial Services and competence for own investigations
Law Report
The Office of the Arbiter for Financial Services is a self-governing and...
Actions concerning legacies are to be dealt with by the Superior Courts irrespective of the value
Law Report
When the Superior Courts are faced with an action concerning a testimony...
Who fails to present statement of defence on time, may do so only in exceptional circumstances
Law Report
If a defendant to a court case fails to present a statement of defence within...
Maltese courts have jurisdiction irrespective of jurisdiction clause
Law Report
Civil Procedure allows Maltese courts to take cognisance of legal issue even...
Landlord cannot claim full di fermo period if property is rented to third party
Law Report
A landlord may not claim the rent for the full di fermo period if the same...
Owners have a right to visit rented property
Law Report
The law provides the right for owners to visit the rent property after reaching...
Appeal from Industrial Tribunal must be filed within 12 days
Law Report
An appeal from an Industrial Tribunal decision must be filed within 12 days and...
Civil Courts bound to decide on the validity of lease agreements
Law Report
Recent amendments to the Civil Code confirm that the Civil Courts have...