Commercial LawCompany LawCorporate Law Once a company does not pay its debts the court may liquidate it The law allows a liquidation of a company upon the application of a creditor if the debtor company is served with an executive title and…Malcolm MifsudFebruary 7, 2025
Administrative LawFinancial Services An investor must bear all the risks of an investment An EU official took all the risk when she invested her severance package, with the result that the value decreased. This was held in a…Malcolm MifsudFebruary 1, 2025
Administrative Law A judicial review may be done only against the public administration A call to include persons with interest in the action was turned down because the action was a judicial review. It is essential that a…Malcolm MifsudJanuary 24, 2025
Corporate Law Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors A judicial liquidation is aimed at protecting creditors and is done by a collective procedure. This was held in a judgement given by Mr Justice…Malcolm MifsudJanuary 9, 2025
Civil LawProperty Law Damages lawsuit requires proof of direct link between action and its alleged consequences An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed.…Malcolm MifsudDecember 28, 2024
Arbitration Law Steward and the Maltese government: Making sense of their arbitration case Lawyer Malcolm Mifsud, a partner at Mifsud & Mifsud Associates, explained to MaltaToday that arbitration proceedings are, in theory, faster and cheaper than regular court…Malcolm MifsudDecember 10, 2024
Property Law Before depositing rent in court, a tenant must first offer payment A deposit of rent in court is only valid if the tenant first offers payment to the owner. If payment is rejected then the tenant…Malcolm MifsudNovember 28, 2024
Civil LawProperty Law Payment of rent by agricultural produce has to be subject to a written agreement An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement. This was held…Malcolm MifsudNovember 22, 2024
Civil Law Producing no evidence may imply responsibility If a party to any action does not produce any evidence in a damages case, it may implicitly admit to responsibility. This was held in…Malcolm MifsudNovember 16, 2024
Civil LawProcedural Law When enforcing a foreign judgement, the Maltese Courts should not carry out a retrial In a decree issued by the First Hall of the Civil Court in Dr Malcolm Mifsud noe vs Ugor Tatlici given on 30 October 2024,…Malcolm MifsudNovember 10, 2024