Associate
Daniel Cutajar
Daniel Cutajar
Daniel Cutajar is an Associate at Mamo TCV Advocates. He graduated in the Bachelor of Laws with a dissertation entitled ‘Sports Incidents: Incurring Responsibility Beyond the Playing Field’ and obtained the Master of Advocacy degree from the University of Malta in 2021. Daniel joined the firm in the same year, after carrying out his pupillage and gaining experience in Corporate Law in another reputable law firm. He currently forms part of the Litigation and Dispute Resolution Department, dealing with a variety of civil matters.
Education
- Bachelor of Laws (Honours) (LL.B.(Hons)) (2020, University of Malta)
- Master of Advocacy (M.Adv.) (2021, University of Malta)
Representative Experience
- Assisted clients in rent regulation and debt collection matters amongst other issues
Get In Touch
Address
MAMO TCV Advocates
Palazzo Pietro Stiges
103, Strait Street
Valletta, VLT 1436
Malta
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The Action of Unjustified Enrichment
The action of unjustified enrichment, also known as the actio de in rem verso, dates back to Roman Law and despite the fact that it was formally included in the Maltese Civil Code in 2007 by means of Article 1028A, it has always been accepted by the Maltese Courts. The notions of equity and fairness serve as the foundation of this action. One should be compensated for the benefit gained by an individual without a just cause to the detriment of the former. Owing to its quasi-contract nature, the obligation does not arise from a contract and therefore, in line…
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…
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…
