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Malta Budget 2019 News

Malta Budget 2019

Below are the salient points of the Malta Budget for 2019, which was presented to the House of Representatives by the Hon. Prof. Edward Scicluna, Minister of Finance, on 22 November 2018.Economic PerformanceMalta registered the highest fiscal surplus in the EU – Malta registered a surplus of €392.7 million, equivalent to 3.5% of GDP in 2017. Government debt has been reduced to 47% of GDP.Economic growth – Malta registered an economic growth of 5.4% in the first 6 months of 2018.Unemployment rate – Malta registered a record unemployment rate of 3.8%.Cost of living – The Minister announced that the cost…
MamoTCV Advocates
23rd October 2018
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Utmost Good Faith in Insurance Contracts Insurance & Reinsurance

Utmost Good Faith in Insurance Contracts

This article was written by Veronica Grixti and Joshua Chircop.In a judgement presided by Mr. Justice Toni Abela, in the names Knightsbridge Developments Limited vs Citadel Insurance plc, the Civil Court, First Hall held that the principle of utmost good faith in insurance contracts applies not only at the moment of conclusion of the contract but also throughout the course of the performance of such contract.The plaintiff company was planning to build a block of nineteen apartments with garages, a semi-basement car park and a cafeteria in St. Paul's Bay, Malta. The plaintiff therefore obtained a Contractors All Risk Insurance…
Veronica Grixti
23rd October 2018
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Utmost Good Faith in Insurance Contracts Insurance & Reinsurance

Utmost Good Faith in Insurance Contracts

This article was written by Veronica Grixti and Joshua Chircop.In a judgement presided by Mr. Justice Toni Abela, in the names Knightsbridge Developments Limited vs Citadel Insurance plc, the Civil Court, First Hall held that the principle of utmost good faith in insurance contracts applies not only at the moment of conclusion of the contract but also throughout the course of the performance of such contract.The plaintiff company was planning to build a block of nineteen apartments with garages, a semi-basement car park and a cafeteria in St. Paul's Bay, Malta. The plaintiff therefore obtained a Contractors All Risk Insurance…
Veronica Grixti
23rd October 2018
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Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals Litigation & Dispute Resolution

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

​A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an appeal filed in front of the Court of Appeal (Inferior Jurisdiction) which was decided on the 16th of…
Kirk Brincau
18th October 2018
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Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals Litigation & Dispute Resolution

Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU Nationals

​A European Union national (hereinafter referred to as 'the Appellant') previously convicted and incarcerated for trafficking drugs challenged the decision given under the authority of the Director of Citizenship and Expatriate Affairs (hereinafter referred to as 'the Director') which had effectively limited his right to freedom of movement and required his removal from Malta. This decision had been confirmed by the Immigration Appeals Board that considered that the Director had correctly applied the law. The Appellant contested both these decisions through an appeal filed in front of the Court of Appeal (Inferior Jurisdiction) which was decided on the 16th of…
Kirk Brincau
18th October 2018
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Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature Legal Updates

Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature

On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et after the plaintiff political party filed a case arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial authority with the power to impose substantial fines violates the right to a fair hearing because the Commission is not a court. The Court observed that despite the powers granted to the Commission to investigate and penalise a political party when it breaches the law, it remains subject to the scrutiny of the fundamental rights protected by the…
MamoTCV Advocates
18th October 2018