The loss of remission is not a punishment but a means of keeping discipline in prison
Malcolm Mifsud
The introduction of the Remission Board meant the prison authorities could reduce the days of remission and therefore, the longer prisoners are kept
The Court may ask an interested party to join a court case
Malcolm Mifsud
The Court has the power to order a third party to a lawsuit to join the action, if the third party has a direct interest in the case
Separation and divorce authorised simultaneously
Malcolm Mifsud

Either of the spouses may demand separation if, for two years or more, he or...

Either of the spouses may demand separation if, for two...

Tenant must prove all requisites of Civil Code to prove a valid title
Malcolm Mifsud

The contracts presented left no doubt that the plaintiffs are the owners of the...

The contracts presented left no doubt that the plaintiffs...

Lack of health and safety measures leads to compensation following death
Malcolm Mifsud

In their application the heirs of Joseph Barbara held that the defendant company was the deceased’s employer, who failed to ensure that all safety...

In their application the heirs of Joseph Barbara held that...

Agreement to not have children before marriage does not render a civil marriage null

By Joseph Mizzi, Partner at Mifsud & Mifsud Advocates

By Joseph Mizzi, Partner at Mifsud & Mifsud...

Court allows corrections of taxed bill although it had been paid
Malcolm Mifsud

The difference in the taxed bill was substantial and it would not have been...

The difference in the taxed bill was substantial and it...

When a latent defect claim is time-barred
Malcolm Mifsud

In his application Vella Laurenti had purchased a property in Xaghra, Gozo on...

In his application Vella Laurenti had purchased a property...

Court agrees with husband’s eviction after separation
Malcolm Mifsud

The First Hall of the Civil Court agreed that the Family Court had to order a...

The First Hall of the Civil Court agreed that the Family...

Court allows stay of proceedings in EU trademark case
Malcolm Mifsud

The plaintiff company held that it developed and markets the famous game Candy...

The plaintiff company held that it developed and markets...

Appeals from Arbitrations should be limited to point of law
Malcolm Mifsud

The Court of Appeal held that the grounds of appeal following an...

The Court of Appeal held that the grounds of appeal...

Court keeps garnishee order intact
Malcolm Mifsud

The First Hall of the Civil Court refused an application for the revocation of a garnishee order by means of a counter warrant, holding that the order was...

The First Hall of the Civil Court refused an application...

Court upholds garnishee, but reduces amount
Malcolm Mifsud

The First Hall of the Civil Court, presided by Ms Justice Lorraine Schembri...

The First Hall of the Civil Court, presided by Ms Justice...

Court turns down judicial review case because of non-observance of 10-day rule
Malcolm Mifsud

The Court decided on 13 August, 2015 in Corinne Ward -v- Foundation for Medical Services and the Chief Government Medical Officer that it could not proceed...

The Court decided on 13 August, 2015 in Corinne Ward -v-...

The offence of causing fear cannot be proved with one incident
Malcolm Mifsud

The Court of Criminal Appeal, presided by Mr Justice David Scicluna held that...

The Court of Criminal Appeal, presided by Mr Justice David...

Court upholds garnishee, but reduces amount
Malcolm Mifsud

The First Hall of the Civil Court, presided by Ms Justice Lorraine Schembri...

The First Hall of the Civil Court, presided by Ms Justice...

Smoking an electronic cigarette in an enclosed area is not against the law
Court orders heir to pay the sum of €152,308 to the plaintiff as reserved portion
No need to extend bid bond if it is not requested
Malcolm Mifsud

The Court of Appeal upheld a decision of the Public Contracts Review Board of...

The Court of Appeal upheld a decision of the Public...

Replacement of street lighting does not constitute spoliation
Malcolm Mifsud

The First Hall of the Civil Court presided by Mr Justice Joseph Azzopardi held...

The First Hall of the Civil Court presided by Mr Justice...