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Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Lawyers’ obligations cease when company is struck off
Law Report

Lawyers’ obligations cease when company is struck off
A law firm engaged by shareholders to set up a company and other services cease...
Guarantees offering general and special hypothecs in favour of a bank, more than adequate security
Law Report

Guarantees offering general and special hypothecs in favour of a bank, more than adequate security
The Court held that HSBC Bank Malta offer adequate security for the...
Commercial leased properties must be made use of
Law Report

Commercial leased properties must be made use of
A lease of a commercial premises will be terminated if it is not being made use...
Filing late reply before Arbiter for Financial Services has consequences
Law Report

Filing late reply before Arbiter for Financial Services has consequences
The late submission of a reply before the Arbiter for Financial Services will...
Court may not be competent to hear a counter-claim due to the sum claimed
Law Report

Court may not be competent to hear a counter-claim due to the sum claimed
A court may not be competent to hear a counter-claim because that claim is...
Usury may occur upon the promise of higher interest rates
Law Report

Usury may occur upon the promise of higher interest rates
The crime of usury take place even before the transaction, but upon the...
There is no legal right to parking in front of one’s home
Law Report

There is no legal right to parking in front of one’s home
There is no legal right for anyone to object to road markings on the ground...
Evaluation of appeal is required to determine which declarations are res judicata
Law Report

Evaluation of appeal is required to determine which declarations are res judicata
A decision of the Civil Court (Family Section) was overturned by the Court of...
Constitutional proceedings can be initiated if there’s no effective and adequate remedy
Law Report

Constitutional proceedings can be initiated if there’s no effective and adequate remedy
This principle was reiterated in Ismail Issa v. Attorney General decided on the...
Defence of insanity upheld
Law Report

Defence of insanity upheld
The Court must examine whether at the time of the commission of the crime, the...
Disciplinary processes required before serious decision to terminate employment
Law Report

Disciplinary processes required before serious decision to terminate employment
Case filed Giulia Gattuccio against her former employer Suda Entertainments...
Those who are not entitled to social benefits should refund
Law Report

Those who are not entitled to social benefits should refund
Those individuals who have been given social benefits but then discovered that...
Investment companies should update their customers to allow them to query
Law Report

Investment companies should update their customers to allow them to query
Investment companies should inform their customers on how their investment is...
Courts must take into consideration all documents when deciding
Law Report

Courts must take into consideration all documents when deciding
Courts and administrative tribunals must take into consideration all the...
Prejudice is not a reason for a precautionary warrant to be revoked
Law Report

Prejudice is not a reason for a precautionary warrant to be revoked
The Court will not revoke a garnishee order on the ground that the subject of...
Tax valuation takes into consideration whether airspace can be developed
Law Report

Tax valuation takes into consideration whether airspace can be developed
For the purposes of tax valuation, the Tax Commissioner is able to consider...
Court costs may be apportioned amongst the parties
Law Report

Court costs may be apportioned amongst the parties
The Court may apportion the court costs of a case to both parties and not...
Country to The Hague Convention is a stumbling block for children to travel
Law Report

Country to The Hague Convention is a stumbling block for children to travel
If a child travels with one of the parents to a country not a signatory to the...
Re-discussing an agreement does not terminate that agreement
Law Report

Re-discussing an agreement does not terminate that agreement
If one party to agreement wants to re-discuss any terms, the agreement is still...
Endorsed bills of exchange have to be paid irrespective of underlying obligations
Law Report

Endorsed bills of exchange have to be paid irrespective of underlying obligations
The law makes a difference between endorsed bills of exchange and those which...
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