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MamoTCV Advocates

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Transfer of Business Requirements Considered in Employment Related Dispute Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 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 being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
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Transfer of Business Requirements Considered in Employment Related Dispute Employment and Industrial RelationsLegal Updates

Transfer of Business Requirements Considered in Employment Related Dispute

 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 being the transfer of the undertaking from the original lessee…
MamoTCV Advocates
9th October 2018
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Clear Indication that Appearing on Behalf of a Company is Required Legal UpdatesLitigation & Dispute Resolution

Clear Indication that Appearing on Behalf of a Company is Required

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'.The defendant argued that he…
MamoTCV Advocates
9th October 2018
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Clear Indication that Appearing on Behalf of a Company is Required Legal UpdatesLitigation & Dispute Resolution

Clear Indication that Appearing on Behalf of a Company is Required

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'.The defendant argued that he…
MamoTCV Advocates
9th October 2018
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Judicial Sale by Auction – M/V LEONIDAS K Shipping, Yachting and Transport

Judicial Sale by Auction – M/V LEONIDAS K

​The cargo vessel Leonidas K will be auctioned by court order in Malta, at the request of Piraeus Bank A.E, on the 8th of October 2018.For further information kindly contact Dr Nicholas Valenzia or Dr Denise Abela on shipping@mamotcv.com or 00356 2540 3000.M/V Leonidas KIMO: 9467782Flag: MaltaType of vessel: Steel General CargoYear of Construction: 2007Length (LOA): 76 metresGross tonnage: 1971 tonsNet tonnage: 1271 tonsCombined power: 1323 kWTerms: In accordance with acts of proceeds Dr Nicholas Valenzia noe vs. M/V Leonidas K At the instance of Piraeus Bank A.E.Date: 8th October 2018Time: 12:00 CESTLocation: Courts of Justice, Valletta, Malta DisclaimerThis document…
MamoTCV Advocates
18th September 2018
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Judicial Sale by Auction – M/V LEONIDAS K Shipping, Yachting and Transport

Judicial Sale by Auction – M/V LEONIDAS K

​The cargo vessel Leonidas K will be auctioned by court order in Malta, at the request of Piraeus Bank A.E, on the 8th of October 2018.For further information kindly contact Dr Nicholas Valenzia or Dr Denise Abela on shipping@mamotcv.com or 00356 2540 3000.M/V Leonidas KIMO: 9467782Flag: MaltaType of vessel: Steel General CargoYear of Construction: 2007Length (LOA): 76 metresGross tonnage: 1971 tonsNet tonnage: 1271 tonsCombined power: 1323 kWTerms: In accordance with acts of proceeds Dr Nicholas Valenzia noe vs. M/V Leonidas K At the instance of Piraeus Bank A.E.Date: 8th October 2018Time: 12:00 CESTLocation: Courts of Justice, Valletta, Malta DisclaimerThis document…
MamoTCV Advocates
18th September 2018