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Litigation & Dispute Resolution

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Litigation & Dispute Resolution

Media and Defamation Act set to repeal Press Act

The Media and Defamation Act, Act no. XI of 2018, (hereinafter referred to as the 'amending Act') was passed by the House of Representatives on the 17th of April 2018 and assented to by the President of Malta on the 24th of April 2018. The only thing that remains for the provisions of the amending Act to become enforceable is publication and indication of the enforcement date in the Government Gazette. The amending Act, having the main purpose of repealing the Press Act (Chapter 248 of the Laws of Malta), creates important legal changes while also leaving a limited amount…
Kirk Brincau
26th April 2018
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Litigation & Dispute Resolution

Sub-Letting of commercial tenements after 31st May 2018 – let it be! – (2)

Reference is made to our previous article entitled 'Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!', which dealt with the (then) proposed amendments to article 1613 of the Civil Code. In that article, we gave an overview of the salient provisions contained in the Bill which was being discussed in Parliament. Following the debate in Parliament on the Bill presented by the Government and following various interventions in the debate, the Bill remained unchanged and the amendments were subsequently introduced by means of Act VIII of 2018. The salient amendments introduced can be reviewed in the…
Jonathan Abela Fiorentino
24th April 2018
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Litigation & Dispute Resolution

Sub-Letting of commercial tenements after 31st May 2018 – let it be! – (2)

Reference is made to our previous article entitled 'Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!', which dealt with the (then) proposed amendments to article 1613 of the Civil Code. In that article, we gave an overview of the salient provisions contained in the Bill which was being discussed in Parliament. Following the debate in Parliament on the Bill presented by the Government and following various interventions in the debate, the Bill remained unchanged and the amendments were subsequently introduced by means of Act VIII of 2018. The salient amendments introduced can be reviewed in the…
Jonathan Abela Fiorentino
24th April 2018
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Litigation & Dispute Resolution

Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!

In terms of article 1531I of the Civil Code, as introduced by the amendments to the rent laws in 2009, a lease of commercial premises made before the 1st June 1995 shall terminate on 31st May 2028, unless a specific period has been stipulated in a contract and subject to the other specific provisions contained in this provision as may be applicable in a given case.In the case of sub-letting of commercial tenements made before the 1st June 1995, these shall terminate on 31st May 2018. This cut-off date does not apply if the sub-lease was made by agreement with…
Jonathan Abela Fiorentino
8th March 2018
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Litigation & Dispute Resolution

Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!

In terms of article 1531I of the Civil Code, as introduced by the amendments to the rent laws in 2009, a lease of commercial premises made before the 1st June 1995 shall terminate on 31st May 2028, unless a specific period has been stipulated in a contract and subject to the other specific provisions contained in this provision as may be applicable in a given case.In the case of sub-letting of commercial tenements made before the 1st June 1995, these shall terminate on 31st May 2018. This cut-off date does not apply if the sub-lease was made by agreement with…
Jonathan Abela Fiorentino
8th March 2018
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Litigation & Dispute Resolution

The Maintenance of Roofs, Floors & Ceilings under Maltese Law

This article was written by Dr. Stephen Muscat & Dr.Mark Soler. The Issue:-The continuous urbanization and gentrification of the Maltese landscape has augmented the importance of maintaining well-regulated neighbourly relations among residents living in densely populated areas of the Island. A common dispute which arises among the owners of units situated within a condominium concerns the maintenance of certain common parts, particularly:1. The corresponding floors and ceilings which run horizontally between two private units within the condominium, separating them vertically; and 2. The roof of a condominium which runs horizontally between the uppermost privately-owned unit and the upper surface of the building…
Stephen Muscat
30th November 2017