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Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Party must appeal from identical judgment in another case
Law Report

Party must appeal from identical judgment in another case
A party to an appeal had an appeal rejected because she failed to appeal from...
A delay in proceedings does not mean that a person does not serve his time in prison
Law Report

A delay in proceedings does not mean that a person does not serve his time in prison
The Constitutional Court held that once a case was to be held with urgency,...
A garnishee order may be reduced if the circumstances have changed
Law Report

A garnishee order may be reduced if the circumstances have changed
If there is a change in circumstances which allow the reduction of a garnishee...
Court of Appeal explains the three elements of the plea of res judicata
Law Report

Court of Appeal explains the three elements of the plea of res judicata
The Court of Appeal upheld a plea that the case has already been decided on...
When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded
Law Report

When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded
The Court held that the Criminal Court has a discretion to award a punishment...
The revival of a company is done for exceptional reasons
Law Report

The revival of a company is done for exceptional reasons
The Court will revive a company which would have been struck off within five...
Fingerprints alone may be sufficient for an accused to be found guilty of theft
Law Report

Fingerprints alone may be sufficient for an accused to be found guilty of theft
There is no need of other circumstantial evidence, if fingerprints are found,...
Court grants divorce after the wife remarries
Law Report

Court grants divorce after the wife remarries
The Court grants a divorce to the husband, when it is clear that the wife...
Court must be precise on whether it is finding the accused guilty or not
Law Report

Court must be precise on whether it is finding the accused guilty or not
A judgment is null if it is not clear whether the court has found a person...
Legitimate expectations are not set in stone
Law Report

Legitimate expectations are not set in stone
The changes in circumstances may allow a change in legitimate expectations
You can only sell what you have
Law Report

You can only sell what you have
A promise of sale agreement could not have been entered into because the seller...
The action of spoliation is intended to keep the public order
Law Report

The action of spoliation is intended to keep the public order
The action to reverse an act of spoliation is intended to stop a person from...
An applicant refused a Single Work Permit should be notified about the basic right of appeal
Law Report

An applicant refused a Single Work Permit should be notified about the basic right of appeal
The Court has established that the appellee was legally present in Malta or...
Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case
Law Report

Court may suspend proceedings if Court of Appeal is to decide on the same merits in another case
If the same parties to a case, are before the Court of Appeal, then the Court...
Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban
Law Report

Lack of evidence pushes the Immigration Appeals Board to revoke a return decision, removal order and entry ban
Lack of evidence pushes the Immigration Appeals Board to revoke a return...
Representation must be proven
Law Report

Representation must be proven
Those who claim to represent a party in a lawsuit have to prove their...
A consignee is considered to be a legitimate respondent in intellectual property proceedings
Law Report

A consignee is considered to be a legitimate respondent in intellectual property proceedings
A consignee is considered to be a legitimate respondent in intellectual...
Strict interpretation of the law when challenging a judge
Law Report

Strict interpretation of the law when challenging a judge
The court must interpret the law on the recusal of a judge strictly
Strict interpretation of the law when challenging a judge
Law Report

Strict interpretation of the law when challenging a judge
The court must interpret the law on the recusal of a judge strictly
Court may accept declarations made by deceased witness
Law Report

Court may accept declarations made by deceased witness
The Court may accept, in the interest of justice, an affidavit prepared by...
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