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Litigation & Dispute Resolution

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Termination Based on Health Incapacity: Guidance for Lawful Termination Employment and Industrial RelationsLitigation & Dispute Resolution

Termination Based on Health Incapacity: Guidance for Lawful Termination

In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal. The Tribunal highlighted that the Company made considerable efforts to support the former employee throughout his period of difficulty. These included granting medical leave, approving his request to travel to his home country for recuperation, and arranging meetings…
Kristen Camilleri and Christine Calleja
3rd December 2024
Mamo TCV Advocates: Insurance
Key Decision by the Financial Arbiter on Life Insurance Policies with Investment Insurance & ReinsuranceLitigation & Dispute Resolution

Key Decision by the Financial Arbiter on Life Insurance Policies with Investment

In a decision given on the 8th of August 2024 with respect to the case ASF 013/2024, the Arbiter for Financial Services (hereinafter referred to as the ‘Arbiter’) rejected a complaint filed against a Life Insurance Provider regarding a life insurance policy with an investment element which the complainant had purchased from the Life Insurance Provider in the year 2000. The complainant claimed that the said policy had matured to a significantly lower amount than what he alleged was initially promised upon its purchase. More specifically, the complainant asserted that he bought the life insurance policy as he believed that…
Jeanine Mallia Schembri and Clarice Debono
3rd September 2024
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…
Klara Cachia and Kirk Brincau
7th August 2024
View from Valletta by Ian Busuttil
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 and Stephen Muscat
19th July 2024
Mamo TCV Litigation and Dispute Resolution
Employer Liability Leads to Over €200,000 in Damages Employment and Industrial RelationsLitigation & Dispute Resolution

Employer Liability Leads to Over €200,000 in Damages

In a landmark judgment delivered on the 14th of March 2024 in the names Maria Matruscelli vs Palumbo Malta Shipyards Limited et (case numbered 518/19TA), the First Hall of the Civil Court awarded €208,871 in compensation to the plaintiff. The case revolved around the death of Aniello Fariello who lost his life on the 18th of January 2016 while performing his duties on board the vessel MV Galaxy, which vessel was docked at the shipyard belonging to Palumbo Shipyards Limited (hereinafter referred to as “Palumbo”). During the process of mooring the vessel, a reel through which one of the ropes…
Luigi Gulia and Frank B. Testa
8th April 2024
Commercial Court’s Landmark Decision: Redefining Impracticability in Corporate Governance Corporate and M&ALitigation & Dispute Resolution

Commercial Court’s Landmark Decision: Redefining Impracticability in Corporate Governance

In the case 44/2023/ISB delivered on 6th October 2023, the applicant, a majority shareholder in a company requested the Civil Court (Commercial Section) to fix a date for an extraordinary general meeting of the company under Art 132(1) of the Companies Act in an attempt to remove two directors from the Board of Directors without adequately proposing replacements. Such a move could push the company into a precarious state of regulatory non-compliance, endangering its very existence as it may lose its operational license. These consequences also undermine the minority shareholder’s decade long commitment which contributed to the company’s consistent profitability,…
Kristen Camilleri and Jonathan Abela Fiorentino
11th October 2023