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Litigation

MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
Employment and Industrial RelationsLitigation & Dispute Resolution

Court of Appeal Rejects Employee’s Claim of Unfair Dismissal

On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal. The employee had embarked on a year-long career break during his employment with the bank after having first obtained permission from management in compliance with the Collective Agreement then in place. The bone of contention revolved around the way in…
Klara Cachia and Christine Calleja
26th September 2023
Litigation & Dispute Resolution

The Representative Actions Act,
a Brief Overview

The Maltese law transposing European Union Directive on representative actions for the protection of the collective interests of consumers, Directive (EU) 2020/1828 of the 25th of November 2020, came into force by means of Act XVII of 2023 on the 25th of June 2023 (hereinafter referred to as the “Representative Actions Act” or the “Act”).  This Directive is intended to serve as a model for representative actions on behalf of European consumers in situations wherein their interests are collectively harmed. In Malta, although class actions are already provided for in terms of the Collective Proceedings Act (Chapter 520 of the…
Paula Briffa and Christine Calleja
16th August 2023
Litigation & Dispute Resolution

Malta to Apply the 2019 Hague Judgments Convention by 1st September 2023

Malta, as a European Union (‘EU’) Member State, is bound to apply the 2019 Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, also known as the Hague Judgments Convention, from the 1st of September 2023. This Convention, concluded on the 2nd of July 2019 by the Hague Conference on Private International Law, pertains to one of the three fundamental pillars of private international law, that is, the recognition and enforcement of foreign judgments. The main objective of this legal instrument is to enhance cross-border transactions, ensure legal certainty and improve access to justice on…
Klara Cachia
13th March 2023
Litigation & Dispute Resolution

Court Rejects Moral Damages and Permanent Psychological Disability Claims

In a judgment delivered on the 28th of June 2022 in the names of Rapa et vs Chircop et, sworn application number 886/2018, the First Hall Civil Court was tasked with apportioning responsibility and liquidating damages consequent to a traffic accident which occurred between the car driven by the defendant Chircop and the pedestrian Rapa who had passed away as a result of the accident. In a rare decision, responsibility was not totally allocated to the driver of the vehicle. The Court analysed the CCTV footage which captured the accident as well as various witness testimonies including experts appointed to…
Kirk Brincau
8th July 2022
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
Gavel hitting
Employment and Industrial Relations

Court of Appeal Confirms the Enforceability of a Post-termination of Employment Restrictive Clause

In a case decided on the 4th May 2022 (case number 524/14), the Court of Appeal held that a restriction contained in an employment contract which prevented an employee from soliciting or interfering or endeavouring to entice a customer away from the company after termination of employment, for a period of two years, could be enforced by the employer. The First Hall of the Civil Court had decided that since the clause was not restricted to customers with whom the employee had dealings with during his employment, then the clause was null. The Court of Appeal however decided that the…
Christine Calleja
30th June 2022