Oct
09

Tower Crane Passing over Airspace Owned by a Third Party

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The passing of a tower crane over airspace owned by a third party is an invasion of such party's airspace. Ownership of the airspace over one's property is a basic legal concept, and the law protects against an invasion of property that is not permitted by law. The law does permit third party use of a person's property in certain situations. These are 'easements' or servitudes. They can be created by special laws (such as the rights given to aircraft), and by the Civil Code (such as the necessary right of way). The special laws that refer to construction and crane...
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Oct
09

Transfer of Business Requirements Considered in Employment Related Dispute

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  In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities. Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage...
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Oct
09

Clear Indication that Appearing on Behalf of a Company is Required

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The Court of Appeal (Superior) rejected the argument that the defendant intended to appear on behalf of a company (Sovereign Hotels Ltd) through the use of the letters 'c/o' (care of) in the case of Joinwell Ltd v. Ronald Azzopardi, decided on the 5th of October 2018. The Court indicated that it was a well-known fact that the letters 'c/o' were a mere indication of where correspondence should be directed and also observed that, unlike the defendant, the representative of Joinwell Ltd had clearly indicated that he was signing 'for and on behalf of Joinwell Ltd'. Th...
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Oct
09

Court of Appeal Criticises Industrial Tribunal in a Transfer of Business Case

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In the judgment delivered on the 5 th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior Jurisdiction) delved into the issue of what constitutes a transfer within the meaning of the Transfer of Business (Protection of Employment) Regulations and article 38 of the Employment and Industrial Relations Act. The case in question was initiated by a claim filed before the Industrial Tribunal by Antoinette Farrugia ('claimant') who was employed with Optical (CCSG) Comp...
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Oct
02

Getting the Deal Through: Dispute Resolution 2018

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Following last year's participation in the online issue of "Dispute Resolution", an annual comparative law guide published by Getting the Deal Through, Mamo TCV was invited to contribute the Malta chapter to both the printed and online 2018 editions of this publication. Getting the Deal Through was the first legal series to present the concept of a "question and answer format", a particularly convenient way to compare how different jurisdictions regulate the same practice area. The guides are particularly useful for law firms, universities, regulators, and corpora...
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