Nov
25

A Practical Approach towards a Sport Dispute

News_Fbl
This article was written by Dr Stephen Muscat and Dr Daniel Cutajar Sports and Contract Law go very much hand in hand. In most sports, athletes and their club are bound to each other by a contract. Contractual disputes often arise as honouring the contractual relationship is not always plain sailing. Specifically, in a footballer-football club relationship, a player normally signs a contract with a club for an agreed period, to train with the club and represent it in competitions, whilst in turn, receiving pecuniary compensation for it. However, it often occurs th...
Continue reading
  270 Hits
270 Hits
Nov
19

Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code.

News_Gkey
​ On the 5 th November 2021, the Court of Appeal (Inferior Jurisdiction) delivered a judgment confirming a decision of the Rent Regulation Board in the case bearing reference number 29/2019/1 LM . The appellant is the owner of a commercial premises which is leased to the appealed party. The appellant acquired the premises in 2017 together with the lease which was already in place in favour of the appealed party. The appealed party had acquired the lease in 2004 by means of an agreement which established that the rent due amounted to LM 600 per year, which amount w...
Continue reading
  276 Hits
276 Hits
Nov
15

Court of Appeal Judgment Supports Bank’s Decision Not To Authorise Client To Withdraw Funds From His Account

atm-1524870_960_720
This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo. In a recent decision delivered by the Court of Appeal in its Inferior Jurisdiction, the Court of Appeal overturned a decision delivered by the Arbiter for Financial Services concerning BNF Bank's decision not to authorize a client to withdraw funds from a bank account held in the client's name and this after the Bank was informed by the client that his mother, who was indicated as a debtor in a number of garnishee orders, was using his account to deposit her salary. Although the client ...
Continue reading
  244 Hits
244 Hits
Nov
11

European Court of Human Rights Decides that Employee’s Dismissal was in Breach of the Right to Freedom of Expression

News_BOJ
This article was written by​ Dr Kirk Brincau and Mélusine Quercia In the case of Melike v. Turkey (Application No. 35786/19) decided on the 15th of September 2021 the European Court of Human Rights (hereinafter referred to as 'ECtHR') was tasked with deciding whether the applicant's dismissal from employment, which had been based entirely on her liking posts on social media, had breached her right to freedom of expression. The applicant, a cleaner, was an ex-employee of the Ministry of National Education in Turkey who was dismissed from her position by the discipl...
Continue reading
  370 Hits
370 Hits
Oct
15

Recent Court of Appeal Judgment Confirms Banking Practice of Charging of Commitment Fees

News_LAP
This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo ​ ​. A client of BNF Bank p.l.c. instituted proceedings before the Arbiter for Financial Services against the said Bank in order to obtain a refund on certain fees imposed by the Bank in relation to loan facilities granted by the Bank to the said client.The fees which the client requested a refund of consisted of relative processing fees, legal fees and commitment fees. The client in her complaint alleged that the fees were not clearly communicated to her and that the commitmen...
Continue reading
  781 Hits
781 Hits