The Court of Appeal on: Onus of Proof & Defects Liability Period

In a recent judgment in the case Middlesea Insurance plc illum Mapfre Middlesea p.l.c. vs Spot On Gypsum Limited , the Court of Appeal overturned the conclusion of the First Hall, Civil Court with respect to the onus of proof. The case referred to an action for damages following an accident suffered by a resident in a hotel due to defective works carried out by the defendant company. The First Hall of the Civil Court had concluded that the defendant company was, in fact, responsible for the damages, but failed to liquidate the damages or to condemn the defendant c...
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State Aid and the Pandemic: 10 Months On

The State Aid Temporary Framework (the "Framework") was initially adopted by the Commission on the 19 March to ease the difficulties various undertakings were facing as a result of the COVID-19 pandemic. It was subsequently amended on a number of occasions to reflect the ever-changing effects of the pandemic and was set to expire on 30 June 2021, bar the recapitalisation measures that were to remain in effect until 30 September 2021. As a result of the pandemic's continued progression, the Commission deemed it fit to extend the Framework's scope and measures – inc...
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Mamo TCV Advocates Publishes 5th Edition of its Popular (and free) ‘Brief Overview of the GDPR’

Mamo TCV Advocates has recently updated its very popular (and free) brief GDPR overview (now in its 5th edition) with easy-to-read information specific to Malta including the local implementation measures. The document can be downloaded for free from Mamo TCV's dedicated GDPR Microsite which is kept regularly updated. At www.gdprmalta.com you can find relevant data protection news and articles, all relevant guidelines, links to all the relevant laws and more. Should you need any guidance on any GDPR-related issues, please contact our specialised Data Protection Te...
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Mamo TCV Advocates Strengthens its Financial Crime Compliance Team with the Arrival of Antonio Ghirlando

Top-tier law firm Mamo TCV Advocates recently strengthened its financial crime compliance team with the arrival of Antonio Ghirlando , who joined the firm as a Senior Advisor. Mr Ghirlando is a seasoned compliance specialist with a specific focus on financial crime compliance, including the prevention of money laundering, countering the funding of terrorism, combatting proliferation finance, sanctions, anti-bribery & corruption, and fraud. During his career, Antonio has worked with various licensed entities in both the financial and non-financial sectors as He...
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Industrial Tribunal to have jurisdiction in case of termination of fixed term employment contracts

In the case of Waldemar Galea v l-Universita' ta' Malta, decided by the Court of Appeal on the 25 th January 2019, it was held that due to the wording of the law in Chapter 452 (the Employment and Industrial Relations Act), cases of alleged unfair termination of fixed term employment contracts had to be decided by the normal civil courts and not by the Industrial Tribunal. Act LVIII of 2020, published on the 11 th December 2020, now establishes that the definition of 'unfair dismissal' in the Act includes also the termination by the employer of a fixed term employ...
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