Skip to main content
Corporate and M&ALitigation & Dispute Resolution

Commercial Court’s Landmark Decision: Redefining Impracticability in Corporate Governance

In the case 44/2023/ISB delivered on 6th October 2023, the applicant, a majority shareholder in a company requested the Civil Court (Commercial Section) to fix a date for an extraordinary general meeting of the company under Art 132(1) of the Companies Act in an attempt to remove two directors from the Board of Directors without adequately proposing replacements. Such a move could push the company into a precarious state of regulatory non-compliance, endangering its very existence as it may lose its operational license. These consequences also undermine the minority shareholder’s decade long commitment which contributed to the company’s consistent profitability,…
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
Employment and Industrial RelationsLitigation & Dispute Resolution

Court of Appeal Rejects Employee’s Claim for Unfair Dismissal

On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal. The employee had embarked on a year-long career break during his employment with the bank after having first obtained permission from management in compliance with the Collective Agreement then in place. The bone of contention revolved around the way in…
Employment and Industrial RelationsLitigation & Dispute Resolution

Ensuring Equality and Diversity in the Workplace

The European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)’s yearly benchmarking instrument, the Rainbow Map and Index, ranks 49 European countries with respect to the level of protection afforded to LGBTIQ+ individuals from a legal and policy perspective. Malta, the host for EuroPride 2023, has secured the highest ranking on the Rainbow Europe Map for 8 consecutive years. Despite such a high ranking, it is important to note that from a legal standpoint, LGBTIQ+ individuals were not always afforded the highest level of protection against discrimination. In fact, prior to 2014, the supreme law of…
Insurance & ReinsuranceLitigation & Dispute Resolution

The Distribution of the Life Insurance Proceeds Between Ex-Spouses

The First Hall, Civil Court delivered a judgement on the 13th July 2023 (Rikors Nru: 749/2020FDP) about the manner in which the maturity proceeds of a life policy with profits were to be distributed by the defendant insurer, Eagle Star (Malta) Limited, between the plaintiff and the other defendant (the latter two, collectively referred to as “the ex-spouses”). The life policy was issued in the name and on the life of the plaintiff while said plaintiff was married to the other defendant and their matrimonial regime was regulated by the community of acquests. Before the life policy had matured, the…
Veronica Grixti
6th September 2023
Insurance & ReinsuranceLitigation & Dispute Resolution

Rainfall or No Rainfall

In a judgement dated 25th January 2023 in the names Knightsbridge Developments Limited vs Citadel Insurance plc, Rik. Nru. 978/08 (TA), the Court of Appeal explained how the exclusion in the insurance policy prevailed over the application of the concept of proximate cause, as it is commonly applied. This decision makes an important contribution to the body of Maltese insurance substantive law. This case focused on an insurance claim made by the plaintiff against the defendant insurance company under a ‘Contractors All Risk Policy’ that was issued by the defendant insurance company in favour of the plaintiff  in relation to…
Veronica Grixti
31st August 2023
Litigation & Dispute Resolution

The Representative Actions Act,
a Brief Overview

The Maltese law transposing European Union Directive on representative actions for the protection of the collective interests of consumers, Directive (EU) 2020/1828 of the 25th of November 2020, came into force by means of Act XVII of 2023 on the 25th of June 2023 (hereinafter referred to as the “Representative Actions Act” or the “Act”).  This Directive is intended to serve as a model for representative actions on behalf of European consumers in situations wherein their interests are collectively harmed. In Malta, although class actions are already provided for in terms of the Collective Proceedings Act (Chapter 520 of the…