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
Immigration Law Malta Startup Residence Programme ELIGIBILITY AND REQUIREMENTS To be eligible for the Startup Residence Programme an individual must satisfy the following requirementsMifsud & Mifsud AdvocatesOctober 13, 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
Civil LawProcedural Law Regulation (EU) 2020/1784 on the Service of Judicial and Extrajudicial documents in civil or commercial matters (recast) Regulation (EU) 2020/1784 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (recast) entered into force on…Mifsud & Mifsud AdvocatesOctober 4, 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
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
Employment Law Work Life Balance Directive Transposed into Maltese Law The Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on Work-life balance for Parents and Carers, has been…Charlene Baldacchino GauciJuly 13, 2022
Criminal Law Court must be morally convinced charges admitted to actually exist The Court when faced with a guilty plea must be still convinced that the charge actually exists. This was held by the Court of Criminal…Malcolm MifsudJuly 10, 2022
Civil LawProperty Law Representation in a contract must be indicated If a party is representing another party in an agreement or a contract must be indicated to the Parties.Malcolm MifsudMay 8, 2022