Feb
08

Future judicial cooperation between the EU & UK: Assessing the implication of a “Hard Brexit” for judicial cooperation in civil and commercial matters.

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The EU-UK Trade and Cooperation Agreement (the " TCA ") concluded on Christmas Eve, 2020 is silent with respect to judicial cooperation in civil and commercial matters (as opposed to cooperation in criminal matters). Consequently, as from 1st January, 2021 the UK is treated as a third state with respect to the application of a number of significant EU legislation regulating matters of cross-border judicial cooperation (e.g. the rules governing the recognition and enforcement of court judgements or the choice of jurisdiction and applicable law clauses). Given the r...
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659 Hits
Feb
04

The Court of Appeal on: Onus of Proof & Defects Liability Period

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In a recent judgment in the case Middlesea Insurance plc illum Mapfre Middlesea p.l.c. vs Spot On Gypsum Limited , the Court of Appeal overturned the conclusion of the First Hall, Civil Court with respect to the onus of proof. The case referred to an action for damages following an accident suffered by a resident in a hotel due to defective works carried out by the defendant company. The First Hall of the Civil Court had concluded that the defendant company was, in fact, responsible for the damages, but failed to liquidate the damages or to condemn the defendant c...
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745 Hits
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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  1659 Hits
1659 Hits
Sep
04

Two Landmark judgments by the European Court of Human Rights against Malta

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In the Case of Aquilina v Malta (Application no. 40246/18) decided on 9 June 2020 and the Case of Montanaro and Others v. Malta (Application no. 29964/18) decided on 1 September 2020, the European Court of Human Rights (ECHR) overturned yet another decision taken by the Constitutional Court here in Malta. Both judgments dealt with the 1979 amendments to Chapter 158 whereby a temporary emphyteusis (cens) would upon termination convert into a protected lease. The law has been found in breach of human rights in several cases both in Malta and in Strasbourg. However, ...
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1887 Hits
Jul
31

Constitutional Court Increases Damages Due to Landlords of Sliema Property Because of Prejudicial Rent Laws

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This article was written by Michael E. Camilleri & Ilenia Agius In a judgment delivered on 20 th July 2020, the Constitutional Court ordered the State Advocate to pay €250,000 in damages, including moral damages, to the landlords of a property in The Strand, Sliema. The property in question was initially acquired in 1919 by title of temporary emphyteusis which is to expire in 2028. In 1976 the emphyteuta leased the property at an annual rent of Lm4,000 subject to an increase of 5% every five years. The parties had also agreed to enter into a new leas...
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2011 Hits