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Who we are

Mifsud & Mifsud Advocates is a multidisciplinary law firm set up in 2007, by its two founding partners, Dr. Malcolm Mifsud and his brother Dr. Cedric Mifsud. Situated in the heart of Malta's capital city, Valletta, this law firm prides itself in having always furnished its clients with the most effective solutions which always meet and exceed their expectations. Upholding a work-ethic based on honesty and integrity, Mifsud & Mifsud Advocates aids its clients in achieving positive results expediently and efficiently, whatever the nature of the issue brought before it may be.

Criminal Defendants

Latest News

Cruelty in marriage has its consequences

Proved physical and psychological violence in marriage is a cause for separation and the court has the discretion apply a number of sanctions. This was held by the Family Section of the Civil Court presided by Judge Abigail Lofaro on 7 July 2020 in a case ABC -v- DE. The plaintiff, a 71-year-old, submitted in his application that he got married to the defendant, 20 years his junior, in April 2015. He complained that he suffered from physical and psychological violence from the defendant, so much so she was evicted from the matrimonial home, following a number of police reports. He therefore, asked the Court to declare the separation of both of them. The Plaintiff filed an affidavit explaining that he had met the defendant in 2011, when she was on holiday in Malta and from there blossomed a relationship, where he visited her country of Slovenia a number of times. The plaintiff had no interest to marry, but the defendant insisted that they do and she put constant pressure on him. He realised that he could not get rid of her and felt afraid of her.

Mifsud & Mifsud Friday, July 17, 2020

Do all jurisdiction clauses apply?

It is prevalent for agreements of a commercial nature to contain a jurisdiction clause, particularly when the parties or entities concerned would be operating on an international level. The term ‘jurisdiction’ refers to the authority given by law to a court to hear and decide legal disputes within a particular geographic area and/or over certain types of legal cases. A jurisdiction clause, also known as a dispute resolution clause, identifies how and where disputes arising from the agreement (if any) are to be determined. When parties decide to include a jurisdiction clause at the outset of an agreement, it is important to ensure that the way the jurisdiction clause is worded clearly outlines the intention of the parties and would not create difficulties of interpretation. Formulating a jurisdiction clause which poses difficulties of interpretation could result in the parties having to enter costly and lengthy legal proceedings purely based on determining whether the Court has jurisdiction to hear the dispute. It is only after the jurisdictional issue is resolved that the parties would be able to institute proceedings for the Court to determine the matter of contention between the parties. A delay in these circumstances could result in the aggrieved party suffering additional losses.

Mifsud & Mifsud Friday, July 10, 2020

Non fulfilment of obligations may result in damages

Damages may ensue as a consequence when someone fails to fulfil his or her obligations.This was held in Darren Abela -v- Carmelo Muscat et on 1 July 2020 before the First Hall of the Civil Court presided by Madame Justice Anna Felice. In his application, Abela explained that the parties had entered into a promise of sale agreement on 24 July 2017 to purchase a property in Mgarr.This promise of sale agreement was extended a number of times, but last expired on 30 November 2018 and Muscat failed to appear for the contract.Muscat explained that he first needed his sister’s authorisation and a further payment of €30,000. The plaintiff did not agree.

Mifsud & Mifsud Friday, July 10, 2020