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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

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

Civil Court has competence to hear issues dealing with commercial rural leases

The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in a judgement delivered by Madame Justice Joanne Vella Cuschieri on 5 June 2020 in Iris Cauchi et -v- Carmel Abela. The Cauchis filed a sworn application before the First Hall of the Civil Courts, in which they explained that they are the owners of land in Zejtun which is now being used as an animal farm. In 2013 they called on Abela to terminate the lease and therefore, they asked the court to order the defendant to vacate the premises since he is without a title.

Mifsud & Mifsud Friday, June 19, 2020

Suspended sentence cannot be awarded in certain circumstances

The Court of Criminal Appeal switched the punishment of a person who was first awarded a suspended sentence, since this was not permitted at law. This was held in a judgment on 2 June 2020 by Madame Justice Consuelo Scerri Herrera in Il-Pulizija -v- Rodrick Zahra and Ruth Spiteri. The two accused were charged for a number of thefts of gas cylinders in 2017 in various localities in Malta. Spiteri was also charged on breaching a conditional discharge given in a previous judgment in terms of Article 22 of the Probation Act.

Mifsud & Mifsud Saturday, June 13, 2020