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Kevin Cutajar

Litigation & Dispute Resolution

The importance of a correct notification in Court proceedings

Basic as it may seem, the notification process is of fundamental importance when instituting a Court case. This process can at times be used to attack the validity of a judgement and hence, one will certainly understand the importance of getting it right. All this featured in a Court of Appeal judgement, delivered on the 4th of May 2022 in the names Farrugia nomine vs BNF Bank plc (App. Ċiv. 410/19/1). The case concerned a Bank customer, who defaulted in the repayment of her loan facilities. As a result, the Bank called in the facilities and initiated legal proceedings to…
Kevin Cutajar
30th June 2022
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Litigation & Dispute Resolution

Does A Going Concern Constitute Adequate Security?

Any lending of funds needs to be adequately secured. This is a practice which every lender knows and should observe in order to adequately protect his credit. However, the meaning of "adequate security" is not straight forward and lenders must be careful when selecting their preferred security .This issue came to the fore in Malta in the judicial sale by auction initiated in year 2018 in the names Neofarma Pharmaceuticals Ltd. Vs Cauchi Gera et (Court Ref. No. 9/2018), by which The creditor company demanded the sale of a pharmacy licence. This meant that the immovable property where the pharmacy…
Kevin Cutajar
12th November 2018
News_DAG.png
Litigation & Dispute Resolution

Does A Going Concern Constitute Adequate Security?

Any lending of funds needs to be adequately secured. This is a practice which every lender knows and should observe in order to adequately protect his credit. However, the meaning of "adequate security" is not straight forward and lenders must be careful when selecting their preferred security .This issue came to the fore in Malta in the judicial sale by auction initiated in year 2018 in the names Neofarma Pharmaceuticals Ltd. Vs Cauchi Gera et (Court Ref. No. 9/2018), by which The creditor company demanded the sale of a pharmacy licence. This meant that the immovable property where the pharmacy…
Kevin Cutajar
12th November 2018