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Kirk Brincau

Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Defining Damages: Decision on the Scope of Moral Damages Litigation & Dispute Resolution

Defining Damages: Decision on the Scope of Moral Damages

On 30th July 2024, when considering Application number 88/21/2, the Court of Appeal was tasked with deciding two primary issues and grievances brought forward by the appellants against the decision of the First Court. These were the appropriate multiplier for calculating the victim’s loss of future earnings, and moral damages following Act XIII of 2018. By addressing these pertinent legal issues, the Court sought to establish clear guidelines for the quantification of damages in personal injury cases, an area which has been marked by inconsistent judicial interpretations surrounding notions of lucrum cessans and damnum emergens. In its decision, the First…
Kirk Brincau
7th August 2024
Court Rejects Moral Damages and Permanent Psychological Disability Claims Litigation & Dispute Resolution

Court Rejects Moral Damages and Permanent Psychological Disability Claims

In a judgment delivered on the 28th of June 2022 in the names of Rapa et vs Chircop et, sworn application number 886/2018, the First Hall Civil Court was tasked with apportioning responsibility and liquidating damages consequent to a traffic accident which occurred between the car driven by the defendant Chircop and the pedestrian Rapa who had passed away as a result of the accident. In a rare decision, responsibility was not totally allocated to the driver of the vehicle. The Court analysed the CCTV footage which captured the accident as well as various witness testimonies including experts appointed to…
Kirk Brincau
8th July 2022
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Mamo TCV Delivers seminar on Debt Collection at Society Education Event Litigation & Dispute Resolution

Mamo TCV Delivers seminar on Debt Collection at Society Education Event

On the invitation of Society Education, on 13th January, 2022 Mamo TCV Advocates delivered a virtual seminar on debt collection. The presentation sought to provide participants with an understanding of the legal framework in Malta and the tools generally used by lawyers when assisting as well as defending a debt collection claim. Attendees were given an overview of the courts and tribunals having the legal competence to decide debt collection claims in Malta and the inherent legal differences which separate them. An in depth overview of the ways in which a creditor may safeguard a claim prior to acquiring an…
Kirk Brincau
1st February 2022
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Landmark Decision on Jactitation Suits Litigation & Dispute Resolution

Landmark Decision on Jactitation Suits

Jactitation suits are a long established remedy found under Maltese procedural law intended to limit one's ability to indefinitely vaunt claims without basis. This type of suit allows any person, whether natural or legal, that has had any form of right vaunted against him in written form to request the court to order the third party claimant to either bring the claim in trial within a period not exceeding three months or be forever precluded from proceeding with such a claim in the future. The remedy is a relatively simple one and while rarely used, due to its practical implications…
Kirk Brincau
27th January 2022
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European Court of Human Rights Decides that Employee’s Dismissal was in Breach of the Right to Freedom of Expression Litigation & Dispute Resolution

European Court of Human Rights Decides that Employee’s Dismissal was in Breach of the Right to Freedom of Expression

This article was written by​ Dr Kirk Brincau and Mélusine QuerciaIn the case of Melike v. Turkey (Application No. 35786/19) decided on the 15th of September 2021 the European Court of Human Rights (hereinafter referred to as 'ECtHR') was tasked with deciding whether the applicant's dismissal from employment, which had been based entirely on her liking posts on social media, had breached her right to freedom of expression. The applicant, a cleaner, was an ex-employee of the Ministry of National Education in Turkey who was dismissed from her position by the disciplinary committee for employees in national education of the…
Kirk Brincau
11th November 2021
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Tenants’ Rights Safeguarded by Constitutional Court Litigation & Dispute ResolutionNews

Tenants’ Rights Safeguarded by Constitutional Court

Constitutional Court, Gerald Camilleri et vs Advocate General et, 6th October 2020The 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 applicants were well aware of the tenants' rights and indeed…
Kirk Brincau
8th October 2020