Civil LawFamily Law Care and custody of a child is based on the principle of what is in the best interest and advantage of that child Care and custody is not based solely on who is the better parent, but the court must see the best interest of the child in…Malcolm MifsudOctober 22, 2022
Family Law Adultery should not automatically mean the responsibility of the breakdown of marriage Spouses are bound at law to be faithful to each other, however, if one of the spouses is adulterous, this does not automatically mean that…Malcolm MifsudOctober 16, 2022
Constitutional LawCriminal Law Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took…Malcolm MifsudOctober 9, 2022
Criminal Law Criminal liability can only be imposed if the formal and material conditions exist concurrently The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to…Malcolm MifsudSeptember 25, 2022
Company Law Contractor must pay for work carried out The general principle of contract of works is that if the works are carried out, then payment must be affected. This was held by Mr…Malcolm MifsudSeptember 19, 2022
Administrative Law For a tender to be cancelled, serious irregularities must be proven The fact that the contracting authority did not follow anti competition recommendations does not mean that the tender should be cancelled. This was held by…Malcolm MifsudSeptember 11, 2022
Administrative Law Individuals cannot insist for the government to issue property on tender Although individuals may have property adjacent to government land, they do not have a right to insist that the land is issued on tender and…Malcolm MifsudAugust 28, 2022
Civil LawConstitutional Law Interim measures in human rights cases should be applied in exceptional cases An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger. This was held in judgement…Malcolm MifsudAugust 24, 2022
Civil LawProcedural Law Court will only investigate a request for a counter-warrant on a prima facie basis The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee…Malcolm MifsudAugust 14, 2022
Criminal Law A suspicion is not evidence Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused. This was held in a Court of Criminal…Malcolm MifsudAugust 7, 2022