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Court Judgment on Status of Employee Employment and Industrial RelationsNews

Court Judgment on Status of Employee

In a judgment delivered on the 30th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment.The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract. He alleged that notwithstanding what his contract stated, he should be deemed an employee and therefore termination could only take place for a good and sufficient cause. Since the company had terminated his contract simply by giving notice according to the contract, he was therefore allegedly…
Christine Calleja
2nd October 2020
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Upcoming ‘Digital’ Laws: The Future Is Now NewsTelecoms, Media & Technology

Upcoming ‘Digital’ Laws: The Future Is Now

Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances. One need only look at some of Malta's oldest laws, such as the Public Weighers Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era. While looking into the past can offer certain insights, the online world…
Warren Ciantar
7th September 2020
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MRVP Update 2 ImmigrationNews

MRVP Update 2

L.N. 156 of 2020, entitled the Malta Residency Visa Agency (Establishment) (Amendment) Order, 2020 has come into force with the scope of introducing a new system of distribution of applicationsamongthe ApprovalsBoard.This has been done primarily to help with ensuring that each Approvals Board is assigned an equal number of cases, with the said assignment to be carried out by theChief ExecutiveOfficer of the Agency.An Approval Board shall be composed of a Chairperson and four (4) other members all appointed by the Minister responsible for the public administration.The members of the Approvals Board shall upon appointment, hold officeforaperiodofthree(3)years,and may be re-appointed,…
MamoTCV
30th April 2020
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MCCAA Launches Consultation on Proposed Amendments to Consumer Affairs Act Legal UpdatesNews

MCCAA Launches Consultation on Proposed Amendments to Consumer Affairs Act

On 22 April 2020, the Malta Competition and Consumer Affairs Authority (the "MCCAA") published a consultation regarding a Bill to amend the Consumer Affairs Act (Chapter 378 of the laws of Malta) and other Laws, and to make ancillary and consequential provisions thereto. The proposed Bill aims to implement Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, which lists the minimum investigation and enforcement powers of the competent authorities of the Member States. The consultation is open for feedback until 12 May 2020, and anyone who…
MamoTCV Advocates
28th April 2020
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Duties of Directors of Financially Distressed Companies Corporate and M&ANews

Duties of Directors of Financially Distressed Companies

Professor Andrew Muscat, who heads the Corporate Law Department at the Firm, has published a series of articles in the Times of Malta dealing with the duties and liabilities of directors of a company experiencing financial difficulties. This subject is particularly relevant these days when several companies are finding themselves in a difficult position as a result of the Covid-19 worldwide pandemic. The first article in the series introduced the subject of directors' duties and the notion of insolvency (https://timesofmalta.com/articles/view/duties-and-liabilities-of-directors-of-companies-in-financial.786188 )The second article explored the statutory duties of directors, including those duties which, if breached, may constitute a criminal offence…
Andrew Muscat
22nd April 2020
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Mamo TCV Again Confirmed as One of Malta’s Leading Law Firms in the Legal 500 2020 Edition. News

Mamo TCV Again Confirmed as One of Malta’s Leading Law Firms in the Legal 500 2020 Edition.

The Legal 500 EMEA published its 2020 edition and rankings on 15th April, 2020 and once again recognized Mamo TCV Advocates as one of the leading law firms in Malta. Apart from the top tier ranking for the firm in practically all its areas of practice, 3 of our partners were recognized as "Leading Lawyers" and another 14 partners and associates were singled out for their work. This is how the Legal 500 described our work and expertise:AVIATION - TIER 1Mamo TCV Advocates' aviation practice specialises in asset finance, tax and corporate set-ups, aircraft ownership and leasing, and claims handling.…
MamoTCV Advocates
16th April 2020