Oct
08

Tenants’ Rights Safeguarded by Constitutional Court

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Constitutional Court, Gerald Camilleri et vs Advocate General et, 6 th October 2020 The Maltese courts of Constitutional Jurisdiction were tasked with deciding a claim of violation of fundamental human rights as filed by the applicants, who had purchased a property in Sliema - in respect of which the provisions of the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta are applicable - and which the applicants knew was tenanted by third parties under a title of lease resulting from a previous title of emphyteusis. Notwithstanding the fact that the appl...
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Mar
30

Covid-19 and Contractual relief

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It is undeniable that the Covid-19 virus has had, and will continue to have, a material economic impact throughout the world. In Malta specifically the Superintendent of Public Health has taken a number of measures deemed expedient for the prevention and mitigation of disease such as the suspension of organised events, the self-isolation of persons, the closure of the Courts of Justice, the closure of schools as well as the closure of outlets providing a non-essential service. Considering the aforementioned, it is clear that all legal and natural persons are in so...
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Mar
27

Clarification of Powers of Superintendent of Public Health

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The Superintendent of Public Health has issued a number of measures (through legal notices) in the wake of the Covid-19 virus in accordance to what is, in the opinion of the Superintendent of Public Health, expedient for the prevention or mitigation of disease. Of note are LN 61 of 2020  (later amended by LN 84 of 2020) which ordered the suspension of all legal and judicial time limits and LN 65 of 2020  (later amended by LN 97 of 2020 ) which ordered the closure of the Courts of Malta as well as the Court Registry. The taking of these measures is unprec...
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Mar
25

Re-Opening of Judicial Entities not Operating from the Building of the Court

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The Closure of Courts of Justice (Amendment) Order, LN 97 of 2020, has limited the definition of 'Court' as previously considered in LN 65 of 2020 (also amended by LN 84 of 2020) to only consider Superior and Inferior Courts, irrespective of their competence or jurisdiction and tribunals, boards, commissions, committees or other entities which operate from the building of the Courts of Justice before which any proceedings are heard or procedures undertaken which are subject to legal, judicial or administrative time limits for the filing of acts. This effectively m...
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Mar
18

Court Closure and Suspension of Legal Terms

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On the 13 th 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 16 th 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 competen...
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