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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
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European Court of Human Rights Decides that Employee’s Dismissal was in Breach of the Right to Freedom of Expression Litigation & Dispute Resolution

European Court of Human Rights Decides that Employee’s Dismissal was in Breach of the Right to Freedom of Expression

This article was written by​ Dr Kirk Brincau and Mélusine QuerciaIn the case of Melike v. Turkey (Application No. 35786/19) decided on the 15th of September 2021 the European Court of Human Rights (hereinafter referred to as 'ECtHR') was tasked with deciding whether the applicant's dismissal from employment, which had been based entirely on her liking posts on social media, had breached her right to freedom of expression. The applicant, a cleaner, was an ex-employee of the Ministry of National Education in Turkey who was dismissed from her position by the disciplinary committee for employees in national education of the…
Kirk Brincau
11th November 2021
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Amendments to the Companies Act – Act No. LX of 2021 Corporate and M&A

Amendments to the Companies Act – Act No. LX of 2021

This article was written by​ Dr Neeraj Bharwani, Dr Martina Bonnici and Dr Andrea TheumaAct No. LX of 2021 (the "Act"), published in the Government Gazette on the 26th October 2021 introduced several amendments to the Companies Act, Chapter 386 of the Laws of Malta (the "Principal Act"). These amendments primarily relate to qualifications for a person to be eligible to act as a director and new address requirements for companies and their officers.The Act allows for different dates to be established for different provisions in the Act to enter into force. While certain provisions came into force on the 30th…
Neeraj Bharwani
31st 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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Re-balancing the Respective Rights & Obligations of Lessors and Lessees Litigation & Dispute Resolution

Re-balancing the Respective Rights & Obligations of Lessors and Lessees

This article was written by​ Dr. Stephen Muscat and Daniel VancellIntroductionThe Reletting of Urban Property (Regulation) Ordinance, Chapter 69 of the Laws of Malta (the "Ordinance"), has been recently amended by virtue of Act XXIV of 20211. The main goal for the introduction of the Ordinance, originally, was to protect the interest of the public by establishing a type of lease which would automatically renew itself and could not be terminated unilaterally upon its expiration. A problem that arose under the Ordinance was the fact that this law placed a restriction on the amount of rent a lessor may demand,…
Stephen Muscat
31st August 2021
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Amendments to the Aircraft Registration Act Aviation

Amendments to the Aircraft Registration Act

The Aircraft Registration Act, Chapter 503 of the Laws of Malta (the "Act") and the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta (the "COCP") have been amended by virtue of Act No. XXXVII of 2021 (the "Amending Act"). The Amending Act brings about changes to various laws pertaining to aircraft registration.Certified DesigneeThe Amending Act introduces rules pertaining to the appointment of a "Certified Designee" (CD) under an irrevocable de-registration and export request authorisation (IDERA). Whilst the Act previously allowed for the appointment of a CD, and in fact, CDs are appointed in practise, the…
Joshua Chircop
10th August 2021