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Litigation & Dispute Resolution

Judgement on the Right to Enforce a Promise of Sale Agreement Litigation & Dispute ResolutionReal Estate & Construction

Judgement on the Right to Enforce a Promise of Sale Agreement

In a judgement delivered on the 5th December 2025 having application number 1187/2023(HM), the Civil Court, First Hall affirmed that for a contracting party to enforce a  promise of sale agreement and invoke the right of action as contemplated under the Civil Code, Chapter 16 of the Laws of Malta, that party must be in a position to appear on the final deed of sale. The right of action for the enforcement of a promise of sale agreement features in Article 1357(2) of the Civil Code, which  provides that, “The effect of such promise shall cease on the lapse of…
Veronica Grixti and Clarice Debono
22nd December 2025
MamoTCV Advocates had the pleasure and privilege of hosting a section of the World Services Group - the Berlin Club.
Mamo TCV Advocates hosts World Services Group Berlin Club Litigation & Dispute ResolutionNews

Mamo TCV Advocates hosts World Services Group Berlin Club

Mamo TCV Advocates had the pleasure and privilege of hosting a section of the World Services Group - the Berlin Club. The Berlin Club is a group of distinguished dispute resolution lawyers that are members of the World Services Group that meet bi-annually to catch up on latest jurisdictional developments and new challenges being faced by the legal profession. The event started with a key-note speech delivered by Parliamentary Ombudsman Judge Joseph Zammit McKeon on "Another Access to Justice", followed by a presentation on Mediation by MamoTCV Partner Jonathan Abela Fiorentino and a discussion on business development led by Ben…
Mamo TCV Advocates
1st December 2025
No Appeal Unless the Law Says So
Court Reaffirms Limits on Appeals in Liquidation Proceedings Corporate and M&ALitigation & Dispute Resolution

Court Reaffirms Limits on Appeals in Liquidation Proceedings

In two recent partial judgments delivered on 22nd July 2025 in the liquidation proceedings in the names Genesis Global Limited vs X (127/2022 ISB), the Civil Court (Commercial Section) reaffirmed a key principle under Maltese company law: there is no right of appeal from decrees issued in the context of liquidations unless expressly provided for by law. The decrees arose from requests by two intervening parties seeking creditor recognition in the ongoing liquidation of a company regulated under the Companies Act (Chapter 386 of the Laws of Malta). Their applications to be included in the list of recognised creditors had…
Kristen Camilleri and Michael Psaila
31st July 2025
Highest EU Court in Luxembourg
CJEU preliminary rulings as a path towards further investment law harmonisation Investment Services & FundsLitigation & Dispute Resolution

CJEU preliminary rulings as a path towards further investment law harmonisation

The preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) constitutes a mechanism by which the Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of Union law across the Member States. In the specific context of EU financial regulation, this procedural instrument assumes a distinctive function: that of enabling organic harmonisation within the internal market. By facilitating a judicial dialogue between national courts and the CJEU, the preliminary ruling mechanism operates as a decentralised yet effective method of aligning national interpretations of key provisions within directives…
Mario Mizzi
14th July 2025
The Law
Termination Based on Health Incapacity: Guidance for Lawful Termination Employment and Industrial RelationsLitigation & Dispute Resolution

Termination Based on Health Incapacity: Guidance for Lawful Termination

In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal. The Tribunal highlighted that the Company made considerable efforts to support the former employee throughout his period of difficulty. These included granting medical leave, approving his request to travel to his home country for recuperation, and arranging meetings…
Kristen Camilleri and Christine Calleja
3rd December 2024
Mamo TCV Advocates: Insurance
Key Decision by the Financial Arbiter on Life Insurance Policies with Investment Insurance & ReinsuranceLitigation & Dispute Resolution

Key Decision by the Financial Arbiter on Life Insurance Policies with Investment

In a decision given on the 8th of August 2024 with respect to the case ASF 013/2024, the Arbiter for Financial Services (hereinafter referred to as the ‘Arbiter’) rejected a complaint filed against a Life Insurance Provider regarding a life insurance policy with an investment element which the complainant had purchased from the Life Insurance Provider in the year 2000. The complainant claimed that the said policy had matured to a significantly lower amount than what he alleged was initially promised upon its purchase. More specifically, the complainant asserted that he bought the life insurance policy as he believed that…
Jeanine Mallia Schembri and Clarice Debono
3rd September 2024