Year: 2020

The Court’s message is clear: The State has a positive obligation to ensure that its citizens enjoy their fundamental human rights

Despite the Superintendent’s order for the closure of the Courts of Justice as from the 16th March, 2020 (Legal Notice 65 of 2020), the Constitutional Court on the 27th March 2020 delivered a landmark judgment when it comes to domestic violence. Presided by Chief Justice Joseph Azzopardi, Mr. Justice Giannino Caruana Demajo and Mr. Justice […]
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COVID 19 Pandemic – Important legislative features following the enactment of Legal Notice 141 of 2020

It is evident that we are indeed witnessing extraordinary occurrences and this even within the legal realm. Following the number of legislative publications, it can be rightfully said that the national legal procedures are at a complete standstill. The past couple of weeks have shed light on various important amendments to the law in line […]
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The Malta Development Bank COVID-19 Guarantee Scheme

The Malta Development Bank (MDB) launched the MDB COVID-19 Guarantee Scheme (CGS). The Scheme guarantees loans granted by commercial banks in Malta to meet new working capital requirements of businesses facing cashflow disruptions due to the COVID-19 pandemic. The Scheme will enable commercial banks, accredited by the MDB, to leverage the €350 million guarantee fund […]
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The ‘testimonium non scriptum non fertur’ legal principle as opposed to oral sworn testimonies and witnesses – To what extent can a written sworn agreement be duly contested in court by the same signees?

On the 27th March 2020, the Court of Appeal in its Superior Jurisdiction delivered a very important judgment in the names of Cyril Worley u Mary Rose Worley v.
Emanuel Ellul u Mary Ellul, 952/2012, focusing on the ‘contra scriptum testimonium non scriptum non fertur’ principle. In this case, the plaintiffs had originally filed a sworn […]
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Salient Features within the new Private Residential Leases Act, 2019

On the 8th November 2019, the Maltese parliament introduced and implemented new changes to the rent regulations for residential purposes i.e. the new Private Residential Leases Act, 2019. The legislation has implemented different provisions and seeks to regulate lease while promoting the development of the private sector. The act aims at implementing clarity, standards of […]
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