Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Six-month period on unjust administrative decision cannot be interrupted or suspended
Law Report
Plaintiff claimed that the administrative decision leading to the termination...
If there is no fraud, the best evidence rule should apply on the quantum of a claim
Law Report
The Court held that although there is a difference between the valuation of a...
Knowledge of spoliation is sufficient
Law Report
The defendant need not be the person who carried out the spoliation, but the...
A hint of acceptance of a debt interrupts prescription
Law Report
In their application V&C held that it is owed €49996.15 by Tlata...
No need of interpretation when the wording of a contract is clear
Law Report
The Court does not need to try to interpret an agreement, when the wording is...
Prescription period for compensation of works between parts, commences upon split
Law Report
Whosoever, without a just cause, enriches himself to the detriment of others...
Unclear claims may be deduced from premises
Law Report
Although a claim listed in an application may be unclear, other premises...
A bank guarantee is an autonomous obligation
Law Report
A bank guarantee is intended to allow comfort for the bank to be paid for...
Extension of contract means an increase in payment
Law Report
The Court of Appeal ruled that even though there is a fixed price contract, if...
Couple responsible for damages irrespective of subsequent separation
Law Report
In a Court of Appeal judgement delivered on 11 December 2017, in Romina Sah...
Discrimination is the difference in treatment of the same situation
Law Report
In a judgment delivered on 5 December in Mark Muscat v HSBC, it was held...
Rent Regulation Board, not the courts, is competent to hear all cases concerning rent
Law Report
The First Hall of Civil Court decided it was not competent to hear cases...
Court removes parental authority from disinterested father
Law Report
A judgement delivered on 21 November in LB v Dr Christopher Chircop and PL L...
Party cannot be in default if time period within which to reply has not elapsed
Law Report
In a family law dispute named AB v CB, the plaintiffs asked the court to remove...
Parties may compete with different titles over the same properties
Law Report
In a judgement delivered in Joseph Camilleri and Michael Camilleri v John Mary...
The repossession of a property must be clearly mentioned as an action of spoliation
Law Report
Arnaud's mother lived in a property in Valletta but once she passed away,...
When a customer tells a service provider to stop, it means stop
Law Report
The Small Claims Tribunal ruled that with the expiration of a TV contract, it...
Our faith in the institutions
Blogs
The fact there is so much mistrust in the institutions has turned into the...
When one plea may cancel another
Law Report
A plea claiming that an action is time barred, may be cancelled if one...
Judicial review proceedings must commence within six months
Law Report
The First Hall of the Civil Courts refused to consider whether the suspension...