Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

An agreement must be kept, come what may
Law Report
The Court of Appeal, presided by Mr Justice Anthony Ellul, ruled that an...
Serious lack of maintenance of rented premises may bring about eviction
Law Report
'When a tenant fails to perform maintenance, which leads to serious damage...
Harassment takes place when there is a multitude of incidents
Law Report
The Police V Tristan Tedesco - he was charged with having escaped from police...
Sentencing an under-aged person must be done with care
Law Report
The Magistrates Court held that when a youth is being sentenced, the court must...
Eviction cannot be blocked by the Court, if it has already been carried out
Law Report
The First Hall of the Civil Court turned down a warrant issue request of...
Warrant of prohibitory injunction approved irrespective of special hypothec
Law Report
A Magistrate’s Court upheld an application for a warrant of prohibitory...
When buyer discovers defect, he must take legal action within six months
Law Report
The Magistrates Court upheld a plea of prescription because the buyer of a car...
Court rules that articles of law need not necessarily be mentioned at the conclusion of a judgment
Law Report
A judgment is not null and void if the Court fails to mention all the...
No revocation of garnishee order if filed correctly
Law Report
If a garnishee order is filed according to law, then it should not be revoked,...
Allegation of payment must be proved
Law Report
In the case where a plaintiff is seeking payment and the defendant alleges that...
Vicarious liability in charge sheet must be indicated
Law Report
A person who is being charged with a crime committed when holding a...
No need of judicial acts before appeals before Administrative Review Tribunal
Law Report
The Administrative Review Tribunal turned down a plea from the Ministry of...
Police statement dismissed as hearsay evidence unless corroborated in court
Law Report
A magistrate’s court held that a statement given to the police...
Every EU State must apply directives in conformity with the individual EU member state’s law
Law Report
When the Maltese Parliament transposes a Directive in the Enforcement of...
Appeals of Small Claims Tribunal are limited to points of law
Law Report
A Court of Appeal presiding over a case of Fogg Insurance Agencies Ltd noe...
Legislation failed to protect workers from asbestos
Law Report
A court held that the legislation concerning workers handling asbestos was...
Actions must be filed within the prescribed time
Law Report
A court turned down an action which was instituted after a 20-day period...
Confusion in products is unfair competition
Law Report
The fact that one gas distributor also filled the gas cylinders of competitors...
Documentary evidence must be produced
Law Report
It is not sufficient for a witness to simply testify on a document if it is not...
Notification of judicial letter essential to interrupt prescription
Law Report
A court has ruled that for prescription to be interrupted, a defendant must be...