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Aircraft Operator’s Bid for a Warrant of Prohibitory Injunction to Limit the Exercise of an IDERA Fails – Court Upholds the Supremacy of an IDERA Aviation

Aircraft Operator’s Bid for a Warrant of Prohibitory Injunction to Limit the Exercise of an IDERA Fails – Court Upholds the Supremacy of an IDERA

The exercise of rights under the Irrevocable De-registration and Export Request Authorisation (IDERA) has been accentuated in a ground-breaking decree delivered earlier this month by the First Hall, Civil Court, presided over by Hon. Justice Robert G. Mangion, when it was called to determine whether a warrant of prohibitory injunction can be issued to prohibit the holder of an IDERA registered in Malta from enforcing the IDERA and therefore from unilaterally requesting and procuring the de-registration of the aircraft from the Maltese Registry.In its decree delivered on 8th November, 2021, in the names of Air X Charter Limited and Air…
Ingrid Fenech
1st December 2021
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Transposition of the EU Whistleblower Directive into the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta Employment and Industrial Relations

Transposition of the EU Whistleblower Directive into the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta

This article was written by​ Dr Petra Attard and Dr Martina BonniciThe legislation currently regulating whistleblower protection in Malta is the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta (the ''Act'') which came into force on the 15th September 2013. While the Whistleblowing Directive EU 2019/1937 (the "Directive") has not yet been transposed into Maltese law, Bill 249 of 2021, titled An Act to Amend the Protection of the Whistleblower Act (the "Amending Act"), published on the 15th November 2021 seeks to amend the Act in order to align it with the Directive. It is yet…
Petra Attard
30th November 2021
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A Practical Approach towards a Sport Dispute Litigation & Dispute Resolution

A Practical Approach towards a Sport Dispute

This article was written by Dr Stephen Muscat and Dr Daniel CutajarSports and Contract Law go very much hand in hand. In most sports, athletes and their club are bound to each other by a contract. Contractual disputes often arise as honouring the contractual relationship is not always plain sailing. Specifically, in a footballer-football club relationship, a player normally signs a contract with a club for an agreed period, to train with the club and represent it in competitions, whilst in turn, receiving pecuniary compensation for it. However, it often occurs that the one of the parties, or both, may…
Daniel Cutajar
25th November 2021
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The Updated FATF Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers. Investment Services & Funds

The Updated FATF Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers.

In 2019, the Financial Action Task Force ("FATF") adopted a Guidance for Risk-Based Approach to Virtual Assets ("VAs") and Virtual Asset Service Providers ("VASPs"). The purpose behind the Guidance was to help national authorities to comprehend and develop regulatory and supervisory responses to VAs activities or operations and VASPs, and to help private sector entities seeking to engage in VAs activities in comprehending their obligations with respect to anti-money laundering and countering the financing of terrorism ("AML/CFT") and how they can successfully comply with these requirements. The FATF updated its 2019 Guidance in October of this year. A brief outline…
Anthea Sammut​
23rd November 2021
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Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code. Litigation & Dispute Resolution

Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code.

​On the 5th November 2021, the Court of Appeal (Inferior Jurisdiction) delivered a judgment confirming a decision of the Rent Regulation Board in the case bearing reference number 29/2019/1 LM.The appellant is the owner of a commercial premises which is leased to the appealed party. The appellant acquired the premises in 2017 together with the lease which was already in place in favour of the appealed party. The appealed party had acquired the lease in 2004 by means of an agreement which established that the rent due amounted to LM 600 per year, which amount was to be paid every…
Jonathan Abela Fiorentino
19th November 2021
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Court of Appeal Judgment Supports Bank’s Decision Not To Authorise Client To Withdraw Funds From His Account Banking & FinanceLitigation & Dispute Resolution

Court of Appeal Judgment Supports Bank’s Decision Not To Authorise Client To Withdraw Funds From His Account

This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo.In a recent decision delivered by the Court of Appeal in its Inferior Jurisdiction, the Court of Appeal overturned a decision delivered by the Arbiter for Financial Services concerning BNF Bank's decision not to authorize a client to withdraw funds from a bank account held in the client's name and this after the Bank was informed by the client that his mother, who was indicated as a debtor in a number of garnishee orders, was using his account to deposit her salary.Although the client had admitted that his…
Maria-Lisa Buttigieg
15th November 2021