Property Law Not all roads are government property The fact that the government puts asphalt on a private road, does not convert the road into public property. This was held in Richard Buhagiar et…Malcolm MifsudApril 17, 2020
Family Law L-Eżerċitar tad-Dritt tal-Aċċess fi żmien il-Covid-19 Il-Covid-19 tefa’ piż fuq diversi aspetti tal-ħajja kwotidjana tagħna. Tefa’ pressjoni addizzjonali fuq sitwazzjonijiet li diġa’ kienu diffiċli kif kienu, bħal meta ġenituri jkollhom d-dritt…Mifsud & Mifsud AdvocatesApril 14, 2020
Family Law Exercising Visitation Rights in COVID-19 Times COVID-19 has put a strain on many aspects of our daily lives. It has put additional pressure on already difficult situations as when a parents…Malcolm MifsudApril 14, 2020
Civil LawConstitutional LawProperty Law Court should limit itself to claims The civil court should always follow its procedure, even if a constitutional law issue is raised.Malcolm MifsudApril 10, 2020
Administrative Law Warrant upheld once it is satisfying all the requests A warrant of prohibitory injunction may be issued once that the three elements are all adhered toMalcolm MifsudApril 3, 2020
Civil LawProcedural Law Changes to names of parties of a lawsuit may be corrected The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further.Malcolm MifsudMarch 27, 2020
Civil LawProcedural Law Court will use principle of proportionality to determine whether a party can appeal a judgement in parte The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer…Malcolm MifsudMarch 6, 2020
Commercial Law When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by…Malcolm MifsudFebruary 28, 2020
Administrative Law Any administrative act may be scrutinised by the Administrative Review Tribunal The Administrative Review Tribunal is competent to hear and decide any administrative act or measure taken by a public authorityMalcolm MifsudFebruary 21, 2020
Civil Law No prescription among co-debtors When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debtMalcolm MifsudFebruary 14, 2020