Insights

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Navigating Charterer Responsibility: Court Awards Damages after Charterer Breaches Obligations to Safeguard the Vessel and Protect it from War Risks

On the fifteenth (15th) of November 2024, the First Hall Civil Court presided over by Judge Ian Spiteri Bailey, delivered its judgement in the case Dr. Joseph Mizzi noe vs. M.V. Sea Patron. This decision, emerging from facts which the Court describes as complex and extraordinary, significantly contributes to local...

Understanding the 2024 Amendments to Malta’s Private Residential Lease Laws: Key Changes and Compliance Guidelines

In June 2024, Act XX introduced important amendments to the legal framework governing private residential leases. These changes aim to clarify existing provisions, enhance protections for both tenants and lessors, and establish higher standards for leased properties. This article provides an overview of the key updates, including registration requirements, lease...

Court of Appeal Overturns Arbiter’s Decision in Favour of Appellant

In a judgment delivered on 18th September 2024, the Maltese Court of Appeal, presided by Hon. Judge Lawrence Mintoff, ruled in favour of the appellant, overturning a prior decision by the Arbiter for Financial Services (the "Arbiter"). This decision underscores the importance of procedural fairness in legal proceedings before the...

Malta Transposes EU Anti-SLAPP Directive into National Law

Malta has officially transposed the EU's anti-SLAPP directive, becoming the first Member State to do so. The Strategic Lawsuits Against Public Participation (SLAPP) Order, 2024, aims to prevent abusive lawsuits designed to silence public participation. The order, introduced by means of Legal Notice 177 of 2024, mirrors the EU directive...

Meet Us at the IBA Annual Litigation Forum in Amsterdam!

We are thrilled to announce that Joseph Mizzi will be attending the prestigious International Bar Association’s Annual Litigation Forum in Amsterdam, from April 17th to 19th. This event is a cornerstone for legal professionals worldwide to share insights, engage in meaningful discussions, and explore the latest trends in litigation. It...

Revolutionising Condominium Management: Malta’s Legislative Leap Forward

The concept of condominium living in Malta is facing potential legislative modernisation, with a white paper proposing significant reforms. These proposals aim to address the challenges in governance, maintenance, and management of shared spaces. This article delves into the proposed amendments, which, while not yet law, indicate the direction of...

Reclaiming Company Assets After It Has Been Struck Off the Registry: Analysing the Carmel Cortis et vs L-Onor Prim Ministru et Judgment

A recent judgment from the First Hall Civil Court (Constitutional Jurisdiction) has significant implications for shareholders and interested parties seeking to recover a company's assets long after it has been struck off the Malta Business Registry. This article delves into the ramifications of this judgment and its potential to reshape...

Announcing Our New Office Location!

We're excited to announce that we have moved to a new location to better serve our clients. Our new office is now located at Office 1, 4th Floor, Kingsway Palace, Republic Street, Valletta. We look forward to welcoming you to our new premises!

Dispute Resolution in Malta: Choosing Between Arbitration and Court Proceedings

Beneath the framework of Malta's judicial system, a distinctive mix of civil law, common law traditions, and EU directives and regulations, there are several avenues for dispute resolution. This article provides a comprehensive exploration of the two primary routes: litigation in Malta and arbitration in Malta, offering a detailed comparative...

Court declares ARMS billing practices illegal

In what is considered to be a ground-breaking judgment, the First Hall Civil Court ordered Automated Revenue Management Services Limited (“ARMS”) to refund the sum it overcharged when issuing its electricity bills to the plaintiffs. The plaintiffs, Mr. Darren Cordina and Notary Melvin Polidano, instituted a case against ARMS on...

Freedom of Information Law Challenged in the Constitutional Court

We are proud to be assisting the Daphne Caruana Galizia Foundation, together with our colleague Dr. Claire Bonello, in constitutional proceedings, in which we seek to challenge, in particular, certain provisions of the Freedom of Information Act. More information about the case can be found on the following news portals: ...

Buying real estate off-plan? Be aware of the risks.

Real estate is the world’s most important and largest asset class, and is purchased both as a utility as well as an investment. It is largely perceived to be a safe investment, ostensibly due to its tangibility but also historically, at least here in Malta, the downside risk appears to...

Challenging the taxman’s executive title

In recent months we have seen the Government of Malta bolster resources in order to  intensify enforcement against money laundering and tax evasion. The oftentimes forbearing and indulgent stance of the Commissioner for Revenue (“CFR”) has shifted towards a policy that is seemingly hawkish and contentious. Indeed, our courts have...

Debt Collection: Enforcing an EU Judgment in Malta

Persons seeking to retrieve a sum of money that is owed to them may run into difficulties collecting the debt if it transpires that their debtor’s assets are held in a country other than the one where a court has passed judgement in their favour. It takes time and money...

The EU's plan to transform the Internet - Part 1

On 15 December 2020, the European Commission proposed two new pieces of legislation as part of its digital strategy to update the rules governing internet services in the EU. These complementary initiatives are the Digital Services Act (DSA) and the Digital Markets Act (DMA), and their main goals are to...

2021: Online Trading Platforms and Risks to Investor Protection

Among several events that 2021 will be remembered for, this year will probably go down as the year in which financial markets saw unprecedented levels of trading volumes, ostensibly due to the increased participation of retail investors making use of a variety of online trading platforms offering investments with low...

A missed opportunity for the Ġbejna

An online furore has erupted over the MCCAA’s decision to reject an application to have the beloved Maltese Ġbejna registered as a Protected Designation of Origin (“PDO”), ostensibly after opposition by local dairy giants, Benna.   At face value however, the decision appears to be legally well-founded and in conformity with...

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