Constitutional Law A fair trial includes on whether a judgement can be enforced When examining whether there was a fair trial, a constitutional court will not only examine what took place before or during the court proceedings but…Malcolm MifsudApril 4, 2021
Civil LawProcedural Law Penalties imposed on who issues needless warrants is a question of public order The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not…Malcolm MifsudMarch 21, 2021
Law MORE RESTRICTIONS, MORE REGULATIONS From the outset, March proposed to be a challenging month for the pandemic in Malta. In fact it took a turn for the worse and…Ian BarbaraMarch 16, 2021
Criminal LawFamily Law Maintenance must be paid until it is decided otherwise An order to pay maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offenceMalcolm MifsudFebruary 21, 2021
Family Law How do Maltese Courts determine care and custody disputes? The term ‘care and custody’ is not defined under Maltese law. It refers to the significant role that both parents have towards the upbringing and…Mifsud & Mifsud AdvocatesFebruary 12, 2021
Civil LawProcedural Law Guarantees offering general and special hypothecs in favour of a bank, more than adequate security The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants.Malcolm MifsudFebruary 7, 2021
Property Law Commercial leased properties must be made use of Commercial premises will be terminated if it is not being made use of.Malcolm MifsudJanuary 31, 2021
Financial ServicesProcedural Law Filing late reply before Arbiter for Financial Services has consequences The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies.Malcolm MifsudJanuary 24, 2021
Civil LawProcedural Law Court may not be competent to hear a counter-claim due to the sum claimed A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear cases.Malcolm MifsudJanuary 17, 2021
Criminal Law Usury may occur upon the promise of higher interest rates The crime of usury take place even before the transaction, but upon the agreement that the repayment or reward would be higher than 8%Malcolm MifsudJanuary 10, 2021