Property Law Knowledge of spoliation is sufficient The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that…Malcolm MifsudFebruary 9, 2018
Civil LawProperty Law No need of interpretation when the wording of a contract is clear The Court does not need to try to interpret an agreement, when the wording is clear and will apply that clear wording. This was decided…Malcolm MifsudJanuary 26, 2018
Employment Law Discrimination is the difference in treatment of the same situation In Mark Muscat -v- HSBC Bank Malta plc, the First Hall of the Civil Courts held that when one alleges discrimination, then one must prove…Malcolm MifsudDecember 14, 2017
Property Law Rent Regulation Board, not the courts, is competent to hear all cases concerning rent The First Hall of the Civil Court referred a case to the Rent Regulation Board after it decided that it was not competent to hear…Malcolm MifsudDecember 10, 2017
Family Law Court removes parental authority from disinterested father The Court awarded the full parental authority to a mother after it was shown that the father was disinterested in his child. This took place…Malcolm MifsudDecember 1, 2017
Immigration Law High Net Worth Individual Scheme for Permanent Residency in Malta Malta offers a wide range of schemes and programmes to those individuals opting to establish their permanent residence in its jurisdiction. The High Net Worth…Mifsud & Mifsud AdvocatesNovember 21, 2017
Civil LawFamily LawProcedural Law Party cannot be in default if time period within which to reply has not elapsed A party of a lawsuit cannot be declared in default and therefore, not replying to the action, if the time period within which he has to…Malcolm MifsudNovember 17, 2017
Property Law Parties may compete with different titles over the same properties If two parties are making claims on the same property, the plaintiff may be allowed to show the Court that he has a better title…Malcolm MifsudNovember 10, 2017
Civil LawProperty Law The repossession of a property must be clearly mentioned as an action of spoliation This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application…Malcolm MifsudNovember 3, 2017
Procedural Law When one plea may cancel another This was held in a judgement delivered by Ms Justice Anna Felice on 10 October, 2017 in Arnold Joseph Grech and Doris Grech -v- Jimfard…Malcolm MifsudOctober 20, 2017