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Louise Sant Fournier

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Decision on the Quantum of Rent Payable Litigation & Dispute Resolution

Decision on the Quantum of Rent Payable

In a judgment decided on the 26th of June 2024 in the names Marcus Scicluna Marshall et vs Michael Borg Cardona, the Court of Appeal in its Inferior Jurisdiction confirmed that no appeal can be filed from the rate established by the Rent Regulation Board to increase the rent for leases predating the year 1995. Act XXIV of 2021, which introduced amendments to the laws on protected residential leases, gave the right to lessors who are bound by lease agreements with respect to dwelling houses predating 1st June 1995 to request an increase in the rent payable that is calculated…
Louise Sant Fournier
19th July 2024
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The Court of Appeal on: Onus of Proof & Defects Liability Period Litigation & Dispute Resolution

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 company to…
Louise Sant Fournier
4th February 2021