Category

Litigation & Dispute Resolution

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Does A Going Concern Constitute Adequate Security? 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
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Does A Going Concern Constitute Adequate Security? 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
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The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation Corporate and M&ALitigation & Dispute Resolution

The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation

This article was written by Dr Richard Camilleri, Dr Annalies Muscat and Dr Laura SpiteriIn Thake et v Kummissjoni Elettoraliet, decided on the 8 October 2018, the Constitutional Court held that when it is alleged that a criminal offence has been committed or the severity of the fine imposed means that the conduct in question is deemed to be of a criminal nature, the matter must be determined solely by a court and not by any other body or judicial organ (see more here). This line of reasoning confirms the decision of the same court in Federation of Estate Agents…
Richard Camilleri
25th October 2018
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The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation Corporate and M&ALitigation & Dispute Resolution

The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation

This article was written by Dr Richard Camilleri, Dr Annalies Muscat and Dr Laura SpiteriIn Thake et v Kummissjoni Elettoraliet, decided on the 8 October 2018, the Constitutional Court held that when it is alleged that a criminal offence has been committed or the severity of the fine imposed means that the conduct in question is deemed to be of a criminal nature, the matter must be determined solely by a court and not by any other body or judicial organ (see more here). This line of reasoning confirms the decision of the same court in Federation of Estate Agents…
Richard Camilleri
25th October 2018
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Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals Litigation & Dispute Resolution

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

​A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an appeal filed in front of the Court of Appeal (Inferior Jurisdiction) which was decided on the 16th of…
Kirk Brincau
18th October 2018
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Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals Litigation & Dispute Resolution

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

​A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an appeal filed in front of the Court of Appeal (Inferior Jurisdiction) which was decided on the 16th of…
Kirk Brincau
18th October 2018