Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Not all roads are government property
Law Report
The fact that the government puts asphalt on a private road, does not convert...
Court should limit itself to claims
Law Report
The civil court should always follow its procedure, even if a constitutional...
Warrant upheld once it is satisfying all the requests
Law Report
A warrant of prohibitory injunction may be issued once that the three elements...
Changes to names of parties of a lawsuit may be corrected
Law Report
The Court has wide powers to correct the names of acts of court cases in order...
Court will use principle of proportionality to determine whether a party can appeal a judgement in parte
Law Report
The court held that since it was a commercial case and the applicant was a...
When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation
Law Report
Where an executive warrant does not rest on an executive title, such as in the...
Any administrative act may be scrutinised by the Administrative Review Tribunal
Law Report
The Administrative Review Tribunal is competent to hear and decide any...
No prescription among co-debtors
Law Report
When a co-debtor pays the debtor, the other debtor cannot raise the plea of...
Grandparents have a juridical interest to request access to grandchildren
Law Report
EU legislation has interpreted the right to family life in its widest sense and...
When signing an agreement, you are bound by that agreement
Law Report
When one signs an agreement that would be an indication that he or she would be...
Court outlines the essential elements needed for a judgement to be found “res judicata”
Law Report
Since the plea of res judicata is meant to stop an action from being decided by...
Court outlines the essential elements needed  for a judgement to be found 'res judicata'
Law Report
Since the plea of res judicata is meant to stop an action from being decided by...
Appeal from a decision of the Industrial Tribunal  must be on a point of law
Law Report
An appeal application purely based on the disagreement with the analysis of the...
When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory
Law Report
For the accused to be found guilty on the basis of the testimony of one...
Court refuses to decide on the merits of an executive garnishee order
Law Report
Where the law states in Article 281 of the Code of Organisation and Civil...
Court of Appeal will not re-examine  facts following a voluntary arbitration
Law Report
Following an arbitration award, the Court of Appeal cannot enter into the facts...
Court awards sum of wages owed to employee although employment contract was not in writing
Law Report
An employment contract is not one which is enlisted in Article 1233 which...
Article 12 of Housing (DeControl) Ordinance  in violation of human rights
Law Report
The Housing (DeControl) Ordinance states that where a dwelling house has been...
Judicial review procedure cannot substitute the natural process of complaints
Law Report
The Court faced with a judicial review lawsuit is not competent to hear it if...
Bills of Exchange will not be enforced if they are a result of usury
Law Report
If the Court establishes that a bill of exchange has an element of usury, then...