Apr
05

Bona fide disputes and defining a creditor for the purposes of liquidation proceedings

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In a decision delivered on the 13 th March 2022, case no. 246/2018 ISB, the Civil Court (Commercial Section) placed the defendant company into liquidation on the ground that it was unable to pay its debts, after considering and concluding that the circumstances that had previously led the Court in the same case to determine the existence of a bona fide dispute and consequently suspend the hearing of the liquidation proceedings, no longer existed. The circumstances referred to consisted of proceedings instituted by defendant company in The Netherlands against the c...
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347 Hits
Feb
01

Mamo TCV Delivers seminar on Debt Collection at Society Education Event

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On the invitation of Society Education, on 13th January, 2022 Mamo TCV Advocates delivered a virtual seminar on debt collection. The presentation sought to provide participants with an understanding of the legal framework in Malta and the tools generally used by lawyers when assisting as well as defending a debt collection claim. Attendees were given an overview of the courts and tribunals having the legal competence to decide debt collection claims in Malta and the inherent legal differences which separate them. An in depth overview of the ways in which a credito...
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519 Hits
Jan
27

Landmark Decision on Jactitation Suits

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Jactitation suits are a long established remedy found under Maltese procedural law intended to limit one's ability to indefinitely vaunt claims without basis. This type of suit allows any person, whether natural or legal, that has had any form of right vaunted against him in written form to request the court to order the third party claimant to either bring the claim in trial within a period not exceeding three months or be forever precluded from proceeding with such a claim in the future. The remedy is a relatively simple one and while rarely used, due to its pra...
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  680 Hits
680 Hits
Nov
25

A Practical Approach towards a Sport Dispute

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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...
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  971 Hits
971 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.

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​ 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...
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906 Hits