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Litigation & Dispute Resolution

The importance of a correct notification in Court proceedings 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
Mamo TCV Advocates participate in the International Fraud Group’s Bi-Annual Meeting in London Litigation & Dispute ResolutionNews

Mamo TCV Advocates participate in the International Fraud Group’s Bi-Annual Meeting in London

Dr Michael Psaila and Dr Christine Calleja participated in the International Fraud Group’s bi-annual meeting, which was held in London on the 11th and 12th May 2022. The IFG was established in 1997 by London firm Mischon de Reya with the aim of bringing together law firms that work in fraud investigation and asset recovery and now boasts members from over 50 countries. The network has also recently launched an initiative to identify weaknesses in companies’ supply chains relating to human trafficking and exploitation, in a bid to curb these activities. More information about the IFG’s activities can be accessed…
Christine Calleja
24th May 2022
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Mamo TCV Delivers seminar on Debt Collection at Society Education Event Litigation & Dispute Resolution

Mamo TCV Delivers seminar on Debt Collection at Society Education Event

On the invitation of Society Education, on 13th January, 2022 Mamo TCV Advocates delivered a virtual seminar on debt collection. The presentation sought to provide participants with an understanding of the legal framework in Malta and the tools generally used by lawyers when assisting as well as defending a debt collection claim. Attendees were given an overview of the courts and tribunals having the legal competence to decide debt collection claims in Malta and the inherent legal differences which separate them. An in depth overview of the ways in which a creditor may safeguard a claim prior to acquiring an…
Kirk Brincau
1st February 2022
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Landmark Decision on Jactitation Suits Litigation & Dispute Resolution

Landmark Decision on Jactitation Suits

Jactitation suits are a long established remedy found under Maltese procedural law intended to limit one's ability to indefinitely vaunt claims without basis. This type of suit allows any person, whether natural or legal, that has had any form of right vaunted against him in written form to request the court to order the third party claimant to either bring the claim in trial within a period not exceeding three months or be forever precluded from proceeding with such a claim in the future. The remedy is a relatively simple one and while rarely used, due to its practical implications…
Kirk Brincau
27th January 2022
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A Practical Approach towards a Sport Dispute Litigation & Dispute Resolution

A Practical Approach towards a Sport Dispute

This article was written by Dr Stephen Muscat and Dr Daniel CutajarSports and Contract Law go very much hand in hand. In most sports, athletes and their club are bound to each other by a contract. Contractual disputes often arise as honouring the contractual relationship is not always plain sailing. Specifically, in a footballer-football club relationship, a player normally signs a contract with a club for an agreed period, to train with the club and represent it in competitions, whilst in turn, receiving pecuniary compensation for it. However, it often occurs that the one of the parties, or both, may…
Daniel Cutajar
25th November 2021
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Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code. Litigation & Dispute Resolution

Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code.

​On the 5th November 2021, the Court of Appeal (Inferior Jurisdiction) delivered a judgment confirming a decision of the Rent Regulation Board in the case bearing reference number 29/2019/1 LM.The appellant is the owner of a commercial premises which is leased to the appealed party. The appellant acquired the premises in 2017 together with the lease which was already in place in favour of the appealed party. The appealed party had acquired the lease in 2004 by means of an agreement which established that the rent due amounted to LM 600 per year, which amount was to be paid every…
Jonathan Abela Fiorentino
19th November 2021