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Malcolm
Mifsud

Malcolm Mifsud is a partner at Mifsud & Associates.

Warrant issued due to actual fear of flight of minor from Malta
Law Report

Warrant issued due to actual fear of flight of minor from Malta
The Family Court has issue a warrant not allowing a minor to travel due to a...
Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously
Law Report

Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously
The right to the remedies created by law cease where the abuse of such rights...
Person responsible for damages due to bounced cheques
Law Report

Person responsible for damages due to bounced cheques
The First Hall of the Civil Courts ordered man to pay damages after he...
Appeal is null if there is no request to revoke or reform first judgement
Law Report

Appeal is null if there is no request to revoke or reform first judgement
Mr Justice Anthony Ellul presiding over the Court of Appeal, held that an...
Court awards damages following works in adjacent property
Law Report

Court awards damages following works in adjacent property
The Court concluded that once the damages were caused, the contractors who...
Conditions of contracts are applicable on all parties
Law Report

Conditions of contracts are applicable on all parties
Parties to a contract are bound by the conditions they agree to when signing
Joint care and custody can be given, even if the child resides abroad
Law Report

Joint care and custody can be given, even if the child resides abroad
A father can have joint custody of his son even if the mother and son live...
Partial deprivation of right to property still breach of human rights
Law Report

Partial deprivation of right to property still breach of human rights
Partial deprivation of one’s interest in or right over his own property...
Medical evidence crucial in HIV contamination case
Law Report

Medical evidence crucial in HIV contamination case
An alleged HIV infection took place in 2012, but the only test carried out by...
Late shipment leads to revocation of contract
Law Report

Late shipment leads to revocation of contract
The First Hall of the Civil Courts agreed to rescind a contract after the...
Court of Criminal Appeal unconvinced by prosecution’s version of events
Law Report

Court of Criminal Appeal unconvinced by prosecution’s version of events
The Court of Criminal Appeal upheld an appeal lodged by former employers,...
Court pinpoints offence for using false card at an ATM
Law Report

Court pinpoints offence for using false card at an ATM
These persons were taking money directly from personal accounts of individuals...
Judge gives the history of the Courts’ summer recess
Law Report

Judge gives the history of the Courts’ summer recess
The Court held that the Code does not make any reference to when the recess...
Criminal inconvenience must be grave, continuous and intense
Law Report

Criminal inconvenience must be grave, continuous and intense
Usta was accused of operating a loud speaker, gramophone, amplifier etc and...
Prohibitory injunction upheld only if it protects right
Law Report

Prohibitory injunction upheld only if it protects right
The Court turned down the application to issue the warrant...
Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums
Law Report

Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums
his case was an appeal by the defendants who held that the decision taken by...
Court confirms revocation of pension and refund of pensionable funds
Law Report

Court confirms revocation of pension and refund of pensionable funds
The Director General has the responsibility to decide to revoke a pension...
Housewife and pensioner still entitled to permanent disability compensation following accident
Law Report

Housewife and pensioner still entitled to permanent disability compensation following accident
The Civil Court held in its judgement that the driver who hit a pedestrian...
Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations
Law Report

Communication undertakings such as Vodafone to continue paying the cost of legal interception obligations
The Court concluded that the only way by which the Authorities could be found...
Carpenter has to pay for difference of prices for replacement works
Law Report

Carpenter has to pay for difference of prices for replacement works
The Magistrate’s Court in Gozo ordered a carpenter to pay for the...
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