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Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property
Law Report

Legatee must make a request to curator in case of a vacant inheritance to gain possession of the property
The Court concluded that the plaintiff was to take possession of the half...
Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit
Law Report

Human rights cases where remedy sought affects rights of private citizens, are to be joined in the suit
The Court concluded that Xuereb has an interest in the proceedings because the...
Co-owners may force a sale of common property
Law Report

Co-owners may force a sale of common property
The Court ordered that the plaintiffs were to sell the property in terms of the...
Garnishee order must be issued by court competent to take cognizance of the matter
Law Report

Garnishee order must be issued by court competent to take cognizance of the matter
The issuing of a garnishee order by a court, that does not have the authority...
POAs: Mandators cannot escape liability if they cannot read Maltese or English
Law Report

POAs: Mandators cannot escape liability if they cannot read Maltese or English
The Court concluded that the defendant did not adequately prove that the...
Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion
Law Report

Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion
The Court held that according to the evidence the accused was proven to have...
An obvious falsification of a document is not a crime
Law Report

An obvious falsification of a document is not a crime
The Court applied a legal principle where the use of a document which is...
Abduction cases against parent based on UN Convention procedurally defective
Law Report

Abduction cases against parent based on UN Convention procedurally defective
The Convention on the Rights of the Child only pertains to States, and not...
Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website
Law Report

Tribunal rebukes Transport Malta for prejudicing persons by having access to an old application on their website
The Tribunal held that in this case, it was clear that the applicant was...
A right not falling precisely within original claim may be decided upon by Courts
Law Report

A right not falling precisely within original claim may be decided upon by Courts
The First Court concluded that when a claim is made which does not exceed the...
Court takes into consideration feast traditions
Law Report

Court takes into consideration feast traditions
The Magistrates Court took into consideration the long-standing tradition that...
Disability caused by medical procedures places onus of proof on professional
Law Report

Disability caused by medical procedures places onus of proof on professional
While the plaintiff must prove the link between the medical accident and the...
Union cannot decide instead of member
Law Report

Union cannot decide instead of member
A union cannot finalise an agreement with an employer without the explicit...
Tenant’s surviving relative ordered to vacate rented property
Law Report

Tenant’s surviving relative ordered to vacate rented property
The Tribunal said that evidence showed that the plaintiff’s deceased...
Pensioners can be awarded damages for permanent disability
Law Report

Pensioners can be awarded damages for permanent disability
The court found that despite being the age of 83, she was still entitled to...
Co-owners may be given the keys of the common property
Law Report

Co-owners may be given the keys of the common property
The First Hall of the Civil Courts held that all co-owners have a right to the...
Mother obtains exclusive care and custody of child
Law Report

Mother obtains exclusive care and custody of child
The evidence in this case showed that the minor child was brought up...
When permission is requested on site with illegalities
Planning Blog

When permission is requested on site with illegalities
The Commission turned down the said application of an agricultural field...
If you broke your leg 50 years ago, tell your medical insurance provider
Law Report

If you broke your leg 50 years ago, tell your medical insurance provider
The court said it could not impose upon the insurance company to renew a...
Property not forfeited in favour of government when not of criminal origin
Law Report

Property not forfeited in favour of government when not of criminal origin
The court held that the fact that the couple were granted a banking facility in...
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