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
Civil LawCommercial LawProcedural Law The Service of Documents and Taking of Evidence Post-Brexit On the 9th December the Chamber of Advocates circulated a letter sent by the Office of the State Advocate informing fellow colleagues with the changes…Ian BarbaraJanuary 5, 2021
Civil LawConstitutional LawFamily Law Constitutional proceedings can be initiated if there’s no effective and adequate remedy This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction.Malcolm MifsudDecember 27, 2020
Civil LawFamily Law Evaluation of appeal is required to determine which declarations are res judicata A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgement Sarah Gatt v. Jean Pierre Gatt delivered…Malcolm MifsudDecember 27, 2020
Criminal Law Defence of insanity upheld The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence.Malcolm MifsudDecember 13, 2020