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Klara Cachia

Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
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…
Klara Cachia
7th August 2024
Employment and Industrial Relations

The Introduction of the Employment Agencies Regulations of 2023

The Employment Agencies Regulations of 2023, which will come into force as from the 1st April 2024, introduce a new regime for regulating the services provided by employment agencies, which were, until now, largely unregulated. These Regulations target employment agencies that provide recruitment services, temporary work services and/or outsourcing services. Certain activities such as recruitment performed by an employer for employment in its own business, recruitment by marketing agents on behalf of any employer whose identity is clearly specified in an advertisement and outsourcing agencies offering professional, technical and surveying services, are excluded from the scope of these Regulations. The…
Klara Cachia
24th November 2023
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
Employment and Industrial RelationsLitigation & Dispute Resolution

Court of Appeal Rejects Employee’s Claim for Unfair Dismissal

On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal. The employee had embarked on a year-long career break during his employment with the bank after having first obtained permission from management in compliance with the Collective Agreement then in place. The bone of contention revolved around the way in…
Klara Cachia
26th September 2023