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Litigation & Dispute Resolution

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Clarification of Powers of Superintendent of Public Health COVID19 MeasuresLitigation & Dispute Resolution

Clarification of Powers of Superintendent of Public Health

The Superintendent of Public Health has issued a number of measures (through legal notices) in the wake of the Covid-19 virus in accordance to what is, in the opinion of the Superintendent of Public Health, expedient for the prevention or mitigation of disease. Of note are LN 61 of 2020 (later amended by LN 84 of 2020) which ordered the suspension of all legal and judicial time limits and LN 65 of 2020 (later amended by LN 97 of 2020) which ordered the closure of the Courts of Malta as well as the Court Registry. The taking of these measures is unprecedented…
Kirk Brincau
27th March 2020
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Re-Opening of Judicial Entities not Operating from the Building of the Court COVID19 MeasuresLitigation & Dispute Resolution

Re-Opening of Judicial Entities not Operating from the Building of the Court

The Closure of Courts of Justice (Amendment) Order, LN 97 of 2020, has limited the definition of 'Court' as previously considered in LN 65 of 2020 (also amended by LN 84 of 2020) to only consider Superior and Inferior Courts, irrespective of their competence or jurisdiction and tribunals, boards, commissions, committees or other entities which operate from the building of the Courts of Justice before which any proceedings are heard or procedures undertaken which are subject to legal, judicial or administrative time limits for the filing of acts. This effectively means that tribunals, boards, commissions, committees or other entities which…
Kirk Brincau
25th March 2020
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European Court of Human Rights is Taking Exceptional Measures COVID19 MeasuresLitigation & Dispute Resolution

European Court of Human Rights is Taking Exceptional Measures

 The Registrar of the Court has issued a press release dated 16 March 2020 announcing exceptional measures that the Court has put in place. The Press Release states:"The European Court of Human Rights is taking a number of exceptional measures to respond to the unprecedented global health crisis, having regard to the recent decisions of the French authorities and the Council of Europe. The Court's essential activities will in principle be maintained and especially the handling of priority cases. For that purpose, teleworking has been put in place within the Court as a general rule, to ensure the continuity of…
MamoTCV Advocates
23rd March 2020
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Court Closure and Suspension of Legal Terms COVID19 MeasuresLitigation & Dispute Resolution

Court Closure and Suspension of Legal Terms

On the 13th of March 2020, as a precautionary measure against the spread of the COVID-19 virus, the Superintendent of Public Health, being the person legally responsible for public health in Malta, has, through the publication of Legal Notice 65 of 2020, ordered the closure of the Courts of Malta as well as the Court Registry for an indefinite term commencing on the 16th of March 2020. In an attempt to limit the possibly hazardous and unnecessary gathering of large groups of persons, this order establishes the closure of all courts, regardless of their competence and jurisdiction, as well as…
Kirk Brincau
18th March 2020
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Court Decides that Act XXVII of 2018 Balances the Rights of the Owners and Tenants Litigation & Dispute Resolution

Court Decides that Act XXVII of 2018 Balances the Rights of the Owners and Tenants

The article was written by Dr. Kirk Brincau and Dr. Matthew Cutajar.Civil Court, First Hall (Constitutional Jurisdiction), Gerald Camilleri et vs Advocate General et, 31st October 2019Gerald Camilleri and his wife (the 'applicants') purchased a property in Sliema which is regulated under the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta and which is tenanted by third parties having a title of lease by virtue of a previous title of emphyteusis.The applicants initiated proceedings in front of the First Hall, Civil Court (Constitutional Jurisdiction) (the 'Court') claiming that their right to property safeguarded under the Constitution as well…
Kirk Brincau
1st November 2019
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Articles of the Customs Ordinance and Excise Duty Act Declared Unconstitutional Litigation & Dispute Resolution

Articles of the Customs Ordinance and Excise Duty Act Declared Unconstitutional

In the case 'Michael Zammit v. Kontrollur tad-Dwana et'decided on the 8th February 2019, the First Hall of the Civil Court (Constitutional Jurisdiction) found that Articles 68 and 72(4) of Chapter 37 of the Laws of Malta (Customs Ordinance), together with Article 16A of Chapter 382 of the Laws of Malta (Excise Duty Act), are in breach of Article 1 of Protocol 1 of the European Convention of Human Rights and Article 37 of the Constitution of Malta (the right to property). It also found that Articles 72 and 73 of Chapter 37 of the Laws of Malta (Customs Ordinance),…
Michael E. Camilleri
20th February 2019