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Litigation & Dispute Resolution

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COVID19 MeasuresLitigation & Dispute Resolution

Court Closure and Suspension of Legal Terms

On the 13th of March 2020, as a precautionary measure against the spread of the COVID-19 virus, the Superintendent of Public Health, being the person legally responsible for public health in Malta, has, through the publication of Legal Notice 65 of 2020, ordered the closure of the Courts of Malta as well as the Court Registry for an indefinite term commencing on the 16th of March 2020. In an attempt to limit the possibly hazardous and unnecessary gathering of large groups of persons, this order establishes the closure of all courts, regardless of their competence and jurisdiction, as well as…
Kirk Brincau
18th March 2020
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Litigation & Dispute Resolution

Court Decides that Act XXVII of 2018 Balances the Rights of the Owners and Tenants

The article was written by Dr. Kirk Brincau and Dr. Matthew Cutajar.Civil Court, First Hall (Constitutional Jurisdiction), Gerald Camilleri et vs Advocate General et, 31st October 2019Gerald Camilleri and his wife (the 'applicants') purchased a property in Sliema which is regulated under the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta and which is tenanted by third parties having a title of lease by virtue of a previous title of emphyteusis.The applicants initiated proceedings in front of the First Hall, Civil Court (Constitutional Jurisdiction) (the 'Court') claiming that their right to property safeguarded under the Constitution as well…
Kirk Brincau
1st November 2019
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Litigation & Dispute Resolution

Articles of the Customs Ordinance and Excise Duty Act Declared Unconstitutional

In the case 'Michael Zammit v. Kontrollur tad-Dwana et'decided on the 8th February 2019, the First Hall of the Civil Court (Constitutional Jurisdiction) found that Articles 68 and 72(4) of Chapter 37 of the Laws of Malta (Customs Ordinance), together with Article 16A of Chapter 382 of the Laws of Malta (Excise Duty Act), are in breach of Article 1 of Protocol 1 of the European Convention of Human Rights and Article 37 of the Constitution of Malta (the right to property). It also found that Articles 72 and 73 of Chapter 37 of the Laws of Malta (Customs Ordinance),…
Michael E. Camilleri
20th February 2019
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Litigation & Dispute Resolution

THE CASE OF BUTTIGIEG AND OTHERS v. MALTA (Application no. 22456/15) 11 December 2018

The applicants are the owners of an apartment in Melita Street, Valletta which was inherited from their father who died in September 2006. The father of the applicants and his brothers had entered into a contract granting a temporary emphyteusis on August 4, 1981.In this contract the apartment was given for a period of 17 years on temporary emphyteusis which commenced on August 12, 1981 and the ground rent was set at Lm120 annually. The concession expired on August 11, 1998 but in virtue of Article 12(2)(b)(i) of Chapter 158 of the Laws of Malta the tenants had the right…
Michael E. Camilleri
14th December 2018
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Litigation & Dispute Resolution

THE CASE OF BUTTIGIEG AND OTHERS v. MALTA (Application no. 22456/15) 11 December 2018

The applicants are the owners of an apartment in Melita Street, Valletta which was inherited from their father who died in September 2006. The father of the applicants and his brothers had entered into a contract granting a temporary emphyteusis on August 4, 1981.In this contract the apartment was given for a period of 17 years on temporary emphyteusis which commenced on August 12, 1981 and the ground rent was set at Lm120 annually. The concession expired on August 11, 1998 but in virtue of Article 12(2)(b)(i) of Chapter 158 of the Laws of Malta the tenants had the right…
Michael E. Camilleri
14th December 2018
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Litigation & Dispute Resolution

Does A Going Concern Constitute Adequate Security?

Any lending of funds needs to be adequately secured. This is a practice which every lender knows and should observe in order to adequately protect his credit. However, the meaning of "adequate security" is not straight forward and lenders must be careful when selecting their preferred security .This issue came to the fore in Malta in the judicial sale by auction initiated in year 2018 in the names Neofarma Pharmaceuticals Ltd. Vs Cauchi Gera et (Court Ref. No. 9/2018), by which The creditor company demanded the sale of a pharmacy licence. This meant that the immovable property where the pharmacy…
Kevin Cutajar
12th November 2018