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...

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, ...

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...

In a judgment delivered on Friday 12 th June 2020, the Civil Court, First Hall (the 'Court') found that a pedestrian was solely responsible for a traffic accident, as a result of which the same pedestrian had died. A third party witness had given evidence in the criminal proceedings instituted against the driver of the vehicle involved in the accident, stating that he had seen the pedestrian crossing 4 to 5 feet away from the pedestrian crossings and whilst the traffic lights were red for pedestrians. The victim had also managed to pass through barriers in the roa...

With the new Private Residential Leases Act in full force, a large number of new lease agreements have been signed over the past few months, all of which have to abide by the new laws set out by the previously mentioned Act. In fact, a survey has shown that over 10,000 new rental contracts have been entered into. Naturally, a number of disputes arise between landlords and tenants, resulting in numerous fees and time-consuming court proceedings. However, a new panel has been set up to help cater for certain disputes. The new adjudicating panel, made up of professio...