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Litigation & Dispute Resolution

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Two Landmark judgments by the European Court of Human Rights against Malta Litigation & Dispute Resolution

Two Landmark judgments by the European Court of Human Rights against Malta

In the Case of Aquilina v Malta (Application no. 40246/18) decided on 9 June 2020 and the Case of Montanaro and Others v. Malta (Application no. 29964/18) decided on 1 September 2020, the European Court of Human Rights (ECHR) overturned yet another decision taken by the Constitutional Court here in Malta. Both judgments dealt with the 1979 amendments to Chapter 158 whereby a temporary emphyteusis (cens) would upon termination convert into a protected lease. The law has been found in breach of human rights in several cases both in Malta and in Strasbourg. However, in the cases of Aquilina and…
Michael E. Camilleri
4th September 2020
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Constitutional Court Increases Damages Due to Landlords of Sliema Property Because of Prejudicial Rent Laws Litigation & Dispute Resolution

Constitutional Court Increases Damages Due to Landlords of Sliema Property Because of Prejudicial Rent Laws

This article was written by Michael E. Camilleri & Ilenia AgiusIn a judgment delivered on 20th July 2020, the Constitutional Court ordered the State Advocate to pay €250,000 in damages, including moral damages, to the landlords of a property in The Strand, Sliema. The property in question was initially acquired in 1919 by title of temporary emphyteusis which is to expire in 2028. In 1976 the emphyteuta leased the property at an annual rent of Lm4,000 subject to an increase of 5% every five years. The parties had also agreed to enter into a new lease agreement after the lapse of fifteen…
Michael E. Camilleri
31st July 2020
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It’s not always the driver’s fault! Litigation & Dispute Resolution

It’s not always the driver’s fault!

In a judgment delivered on Friday 12th June 2020, the Civil Court, First Hall (the 'Court') found that a pedestrian was solely responsible for a traffic accident, as a result of which the same pedestrian had died. A third party witness had given evidence in the criminal proceedings instituted against the driver of the vehicle involved in the accident, stating that he had seen the pedestrian crossing 4 to 5 feet away from the pedestrian crossings and whilst the traffic lights were red for pedestrians. The victim had also managed to pass through barriers in the road to cross the…
Christine Calleja
15th June 2020
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Dispute Panel for Landlords and Tenants and an Update from Identity Malta Agency ImmigrationLitigation & Dispute Resolution

Dispute Panel for Landlords and Tenants and an Update from Identity Malta Agency

With the new Private Residential Leases Act in full force, a large number of new lease agreements have been signed over the past few months, all of which have to abide by the new laws set out by the previously mentioned Act. In fact, a survey has shown that over 10,000 new rental contracts have been entered into.Naturally, a number of disputes arise between landlords and tenants, resulting in numerous fees and time-consuming court proceedings. However, a new panel has been set up to help cater for certain disputes.The new adjudicating panel, made up of professionals in the sector, will…
Julian Fenech Adami
19th May 2020
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Conflicting Judgments in Relation to the Notion of ‘the Insurer Concerned’ Litigation & Dispute Resolution

Conflicting Judgments in Relation to the Notion of ‘the Insurer Concerned’

Is an insurer entitled to avoid paying third party victims of an accident in cases where the said insurer obtains a declaration from a Court that the policy which was issued in favour of the policy-holder is null and void under Chapter 104 of the Laws of Malta, or is an insurer still obliged to paythird parties in such cases as the insurer concerned under Subsidiary Legislation 403.13? This question was tackled by the Court of Appeal in the case Middlesea Insurance plc today Mapfre Middlesea plc vs Emanuel Ciantar et which was decided on the 27th March 2020.The Court…
Christine Calleja
6th April 2020
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Covid-19 and Contractual relief COVID19 MeasuresLitigation & Dispute Resolution

Covid-19 and Contractual relief

It is undeniable that the Covid-19 virus has had, and will continue to have, a material economic impact throughout the world. In Malta specifically the Superintendent of Public Health has taken a number of measures deemed expedient for the prevention and mitigation of disease such as the suspension of organised events, the self-isolation of persons, the closure of the Courts of Justice, the closure of schools as well as the closure of outlets providing a non-essential service.Considering the aforementioned, it is clear that all legal and natural persons are in some way, whether that be directly or indirectly, impacted by…
Kirk Brincau
30th March 2020