Nov
15

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

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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 ...
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Oct
15

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

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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...
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Sep
23

Mamo TCV Associate to Compete in the Prestigious René Cassin Concours

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Dr Mark Soler, an associate at Mamo TCV and current student at the College of Europe in Bruges, will be taking part in next year's European human rights moot court competition in honour of the French jurist René Cassin. Cassin served as President of the European Court of Human Rights, as vice-president of the French Conseil d'Etat and member of the French Conseil constitutionnel . He also worked on the draft project of the Universal Declaration of Human Rights and in 1968 was awarded the Nobel Peace Prize and the United Nations Prize in the Field of Human Rights. ...
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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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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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