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Litigation & Dispute Resolution

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Mamo TCV Associate to Compete in the Prestigious René Cassin Concours Litigation & Dispute ResolutionNews

Mamo TCV Associate to Compete in the Prestigious René Cassin Concours

Dr Mark Soler, an associate at Mamo TCV and current student at the College of Europe in Bruges, will be taking part in next year's European human rights moot court competition in honour of the French jurist René Cassin. Cassin served as President of the European Court of Human Rights, as vice-president of the French Conseil d'Etat and member of the French Conseil constitutionnel. He also worked on the draft project of the Universal Declaration of Human Rights and in 1968 was awarded the Nobel Peace Prize and the United Nations Prize in the Field of Human Rights. An exclusively…
MamoTCV Advocates
23rd September 2021
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Mediation of Employment Disputes Litigation & Dispute Resolution

Mediation of Employment Disputes

Disputes involving employment, whether they are disputes between employers and employees or disputes between employees, are by their very nature highly sensitive and can possibly affect the image and reputation of companies.An employment dispute is traditionally referred to the courts of law or to the Industrial Tribunal where there is always an element of publicity involved and a losing party. Mediation is an alternative method of dispute resolution which presents numerous advantages compared to traditional solutions. Mediation is a voluntary process during which two or more people involved in a dispute meet together and seek to work out a solution…
MamoTCV Advocates
31st August 2021
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Re-balancing the Respective Rights & Obligations of Lessors and Lessees Litigation & Dispute Resolution

Re-balancing the Respective Rights & Obligations of Lessors and Lessees

This article was written by​ Dr. Stephen Muscat and Daniel VancellIntroductionThe Reletting of Urban Property (Regulation) Ordinance, Chapter 69 of the Laws of Malta (the "Ordinance"), has been recently amended by virtue of Act XXIV of 20211. The main goal for the introduction of the Ordinance, originally, was to protect the interest of the public by establishing a type of lease which would automatically renew itself and could not be terminated unilaterally upon its expiration. A problem that arose under the Ordinance was the fact that this law placed a restriction on the amount of rent a lessor may demand,…
Stephen Muscat
31st August 2021
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Future judicial cooperation between the EU & UK: Assessing the implication of a “Hard Brexit” for judicial cooperation in civil and commercial matters. Antitrust, Competition and TradeCorporate and M&ALitigation & Dispute ResolutionWinding Up and Insolvency

Future judicial cooperation between the EU & UK: Assessing the implication of a “Hard Brexit” for judicial cooperation in civil and commercial matters.

The EU-UK Trade and Cooperation Agreement (the "TCA") concluded on Christmas Eve, 2020 is silent with respect to judicial cooperation in civil and commercial matters (as opposed to cooperation in criminal matters). Consequently, as from 1st January, 2021 the UK is treated as a third state with respect to the application of a number of significant EU legislation regulating matters of cross-border judicial cooperation (e.g. the rules governing the recognition and enforcement of court judgements or the choice of jurisdiction and applicable law clauses). Given the regularity with which an English law clause, usually supported by a choice of English…
Simon Pullicino
8th February 2021
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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
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Tenants’ Rights Safeguarded by Constitutional Court Litigation & Dispute ResolutionNews

Tenants’ Rights Safeguarded by Constitutional Court

Constitutional Court, Gerald Camilleri et vs Advocate General et, 6th October 2020The Maltese courts of Constitutional Jurisdiction were tasked with deciding a claim of violation of fundamental human rights as filed by the applicants, who had purchased a property in Sliema - in respect of which the provisions of the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta are applicable - and which the applicants knew was tenanted by third parties under a title of lease resulting from a previous title of emphyteusis. Notwithstanding the fact that the applicants were well aware of the tenants' rights and indeed…
Kirk Brincau
8th October 2020