Jun
15

It’s not always the driver’s fault!

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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...
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  1824 Hits
1824 Hits
May
19

Dispute Panel for Landlords and Tenants and an Update from Identity Malta Agency

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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...
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  2396 Hits
2396 Hits
Apr
06

Conflicting Judgments in Relation to the Notion of ‘the Insurer Concerned’

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Is an insurer entitled to avoid paying third party victims of an accident in cases where the said insurer obtains a declaration from a Court that the policy which was issued in favour of the policy-holder is null and void under Chapter 104 of the Laws of Malta, or is an insurer still obliged to paythird parties in such cases as the insurer concerned under Subsidiary Legislation 403.13? This question was tackled by the Court of Appeal in the case Middlesea Insurance plc today Mapfre Middlesea plc vs Emanuel Ciantar et which was decided on the 27 th March 2020. The ...
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  1457 Hits
1457 Hits
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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  2777 Hits
2777 Hits
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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  2131 Hits
2131 Hits