Skip to main content
Category

Litigation & Dispute Resolution

News_mtg.png
ImmigrationLitigation & Dispute Resolution

Dispute Panel for Landlords and Tenants and an Update from Identity Malta Agency

With the new Private Residential Leases Act in full force, a large number of new lease agreements have been signed over the past few months, all of which have to abide by the new laws set out by the previously mentioned Act. In fact, a survey has shown that over 10,000 new rental contracts have been entered into.Naturally, a number of disputes arise between landlords and tenants, resulting in numerous fees and time-consuming court proceedings. However, a new panel has been set up to help cater for certain disputes.The new adjudicating panel, made up of professionals in the sector, will…
Julian Fenech Adami
19th May 2020
News_carc.png
Litigation & Dispute Resolution

Conflicting Judgments in Relation to the Notion of ‘the Insurer Concerned’

Is an insurer entitled to avoid paying third party victims of an accident in cases where the said insurer obtains a declaration from a Court that the policy which was issued in favour of the policy-holder is null and void under Chapter 104 of the Laws of Malta, or is an insurer still obliged to paythird parties in such cases as the insurer concerned under Subsidiary Legislation 403.13? This question was tackled by the Court of Appeal in the case Middlesea Insurance plc today Mapfre Middlesea plc vs Emanuel Ciantar et which was decided on the 27th March 2020.The Court…
Christine Calleja
6th April 2020
News_force.png
COVID19 MeasuresLitigation & Dispute Resolution

Covid-19 and Contractual relief

It is undeniable that the Covid-19 virus has had, and will continue to have, a material economic impact throughout the world. In Malta specifically the Superintendent of Public Health has taken a number of measures deemed expedient for the prevention and mitigation of disease such as the suspension of organised events, the self-isolation of persons, the closure of the Courts of Justice, the closure of schools as well as the closure of outlets providing a non-essential service.Considering the aforementioned, it is clear that all legal and natural persons are in some way, whether that be directly or indirectly, impacted by…
Kirk Brincau
30th March 2020
News_medicalgavel.jpg
COVID19 MeasuresLitigation & Dispute Resolution

Clarification of Powers of Superintendent of Public Health

The Superintendent of Public Health has issued a number of measures (through legal notices) in the wake of the Covid-19 virus in accordance to what is, in the opinion of the Superintendent of Public Health, expedient for the prevention or mitigation of disease. Of note are LN 61 of 2020 (later amended by LN 84 of 2020) which ordered the suspension of all legal and judicial time limits and LN 65 of 2020 (later amended by LN 97 of 2020) which ordered the closure of the Courts of Malta as well as the Court Registry. The taking of these measures is unprecedented…
Kirk Brincau
27th March 2020
News_MC.jpg
COVID19 MeasuresLitigation & Dispute Resolution

Re-Opening of Judicial Entities not Operating from the Building of the Court

The Closure of Courts of Justice (Amendment) Order, LN 97 of 2020, has limited the definition of 'Court' as previously considered in LN 65 of 2020 (also amended by LN 84 of 2020) to only consider Superior and Inferior Courts, irrespective of their competence or jurisdiction and tribunals, boards, commissions, committees or other entities which operate from the building of the Courts of Justice before which any proceedings are heard or procedures undertaken which are subject to legal, judicial or administrative time limits for the filing of acts. This effectively means that tribunals, boards, commissions, committees or other entities which…
Kirk Brincau
25th March 2020
News_mhg.png
COVID19 MeasuresLitigation & Dispute Resolution

European Court of Human Rights is Taking Exceptional Measures

 The Registrar of the Court has issued a press release dated 16 March 2020 announcing exceptional measures that the Court has put in place. The Press Release states:"The European Court of Human Rights is taking a number of exceptional measures to respond to the unprecedented global health crisis, having regard to the recent decisions of the French authorities and the Council of Europe. The Court's essential activities will in principle be maintained and especially the handling of priority cases. For that purpose, teleworking has been put in place within the Court as a general rule, to ensure the continuity of…
MamoTCV Advocates
23rd March 2020