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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
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Mamo TCV Participates in Malta Law Students’ Society Seminar Legal Updates

Mamo TCV Participates in Malta Law Students’ Society Seminar

Joshua Chircop, an Associate in the firm's corporate and aviation practice groups, was invited to speak at the University of Malta by the Għaqda Studenti Tal-Liġi (GħSL) (Malta Law Students' Society). Dr Chircop joined fellow legal practitioners on a panel of speakers sharing their experiences as students and the early years of their profession. The speakers shared their memories of their first days as freshers, and what inspired them to choose the legal profession as a career. They also shared some useful tips and tricks of how one might handle the challenges of the law course. The speakers also discussed…
MamoTCV Advocates
14th October 2021
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Business Mediation – Why Opt for Mediation in Business Litigation & Dispute Resolution

Business Mediation – Why Opt for Mediation in Business

Business owners cannot afford continued contention, especially in highly competitive markets where effective communication is key.Whilst conflict cannot be avoided, it is an acknowledged fact that litigation provokes hostility. On the other hand, mediation fosters cooperation and respect. Traditionally, the process commonly resorted to for resolving conflict and disputes is litigation, which diverts attention and resources from achieving targeted commercial goals towards a lengthy and costly litigation process. Mediation provides a voluntary solution to this conundrum with the trend shifting away from court litigation to alternative methods of dispute resolution, including mediation, due to its clear advantages.Mediation can be resorted…
Jonathan Abela Fiorentino
7th October 2021
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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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No Discrimination When the Employer Pursues a Genuine Occupational Need Employment and Industrial Relations

No Discrimination When the Employer Pursues a Genuine Occupational Need

This article was written by​ Dr Christine Calleja & Tessa Borg BartoloA landmark judgment of the Court of Justice of the European Union ('the CJEU') in joined cases C-804/18 and C-341/19 was decided on the 15th July 2021 relating to the employer's ability to enforce certain conditions on employees in order to present a neutral image at the workplace. The facts of the cases involved individuals in Germany who were instructed by their respective employers not to wear the traditional Islamic headscarf (hijab) at their place of work. After the decisions of the local German courts were delivered, a preliminary ruling…
Christine Calleja
16th September 2021
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Transfers of Personal Data to Third Countries: A Brief look at the New SCCs Telecoms, Media & Technology

Transfers of Personal Data to Third Countries: A Brief look at the New SCCs

This article was written by​ Dr Michael Camilleri, Dr Warren Ciantar and Dr Claude Micallef-Grimaud. Transferring personal data from one EU Member State to another does not entail any formalities in addition to the basic and established requirements of the EU General Data Protection Regulation (GDPR). The reason for this is because all EU Member States are, by default, deemed to offer an 'adequate level of protection due to the robust and mostly harmonised privacy laws in place. The same can largely be said about countries within the European Economic Area (EEA). Transfers of personal data from the EU to the so-called…
Warren Ciantar
14th September 2021