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Litigation & Dispute Resolution

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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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A Practical Approach towards a Sport Dispute Litigation & Dispute Resolution

A Practical Approach towards a Sport Dispute

This article was written by Dr Stephen Muscat and Dr Daniel CutajarSports and Contract Law go very much hand in hand. In most sports, athletes and their club are bound to each other by a contract. Contractual disputes often arise as honouring the contractual relationship is not always plain sailing. Specifically, in a footballer-football club relationship, a player normally signs a contract with a club for an agreed period, to train with the club and represent it in competitions, whilst in turn, receiving pecuniary compensation for it. However, it often occurs that the one of the parties, or both, may…
Daniel Cutajar
25th November 2021
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Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code. Litigation & Dispute Resolution

Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code.

​On the 5th November 2021, the Court of Appeal (Inferior Jurisdiction) delivered a judgment confirming a decision of the Rent Regulation Board in the case bearing reference number 29/2019/1 LM.The appellant is the owner of a commercial premises which is leased to the appealed party. The appellant acquired the premises in 2017 together with the lease which was already in place in favour of the appealed party. The appealed party had acquired the lease in 2004 by means of an agreement which established that the rent due amounted to LM 600 per year, which amount was to be paid every…
Jonathan Abela Fiorentino
19th November 2021
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Court of Appeal Judgment Supports Bank’s Decision Not To Authorise Client To Withdraw Funds From His Account Banking & FinanceLitigation & Dispute Resolution

Court of Appeal Judgment Supports Bank’s Decision Not To Authorise Client To Withdraw Funds From His Account

This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo.In a recent decision delivered by the Court of Appeal in its Inferior Jurisdiction, the Court of Appeal overturned a decision delivered by the Arbiter for Financial Services concerning BNF Bank's decision not to authorize a client to withdraw funds from a bank account held in the client's name and this after the Bank was informed by the client that his mother, who was indicated as a debtor in a number of garnishee orders, was using his account to deposit her salary.Although the client had admitted that his…
Maria-Lisa Buttigieg
15th November 2021
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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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Recent Court of Appeal Judgment Confirms Banking Practice of Charging of Commitment Fees Litigation & Dispute Resolution

Recent Court of Appeal Judgment Confirms Banking Practice of Charging of Commitment Fees

This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo​​.A client of BNF Bank p.l.c. instituted proceedings before the Arbiter for Financial Services against the said Bank in order to obtain a refund on certain fees imposed by the Bank in relation to loan facilities granted by the Bank to the said client.The fees which the client requested a refund of consisted of relative processing fees, legal fees and commitment fees. The client in her complaint alleged that the fees were not clearly communicated to her and that the commitment fee should not have been charged since she had…
Maria-Lisa Buttigieg
15th October 2021