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
Family Law Grandparents’ juridical interest to request access to grandchildren EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best…Malcolm MifsudFebruary 7, 2020
Civil LawProcedural Law Court outlines the essential elements needed for a judgement to be found ‘res judicata’ Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that…Malcolm MifsudJanuary 17, 2020
Employment Law Appeal from a decision of the Industrial Tribunal must be on a point of law An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be…Malcolm MifsudJanuary 10, 2020
Criminal Law When prosecution rests on one witness’s testimony, it must be proven to be safe and satisfactory For the accused to be found guilty on the basis of the testimony of one witness, the prosecution must prove that such testimony is safe…Malcolm MifsudDecember 20, 2019
Family Law Legal considerations on marriage separations in the corporate world The falling out of any two spouses may be a messy affair. Questions of the heart more often than not, supersede legal considerations. Any matrimonial…Malcolm MifsudDecember 19, 2019
LawNews Malta CEOs 2020 – The Island’s Most Influential Business Minds – Malcolm Mifsud "Set up in 2007 by its two founding partners, Dr Malcolm Mifsud and his brother Dr Cedric Mifsud, Mifsud & Mifsud Advocates is a multidisciplinary,…Mifsud & Mifsud AdvocatesDecember 14, 2019
Civil LawProcedural Law Court refuses to decide on the merits of an executive garnishee order Where the law states in Article 281 of the Code of Organisation and Civil Procedure that a warrant can be attacked for a 'valid reason',…Malcolm MifsudDecember 6, 2019
Criminal Law Training Session for Lawyers on Domestic Violence and Gender Based Violence The Council of Europe Convention on preventing and combating violence against women and domestic violence under Article 3(d) defines ‘Gender-based violence against women’ as: ‘violence…Mifsud & Mifsud AdvocatesDecember 4, 2019
Arbitration LawCivil LawProcedural Law Court of Appeal will not re-examine facts following a voluntary arbitration Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one.Malcolm MifsudNovember 29, 2019