On the 30th July 2021, the Rent Regulation Board, presided over by Magistrate Dr Simone Grech, in the case Ann sive Felicity Wismayer vs. Patricia Engerer brought forward the eviction of a tenant pertaining to the pre-1995 residential leasing regime, as requested by the plaintiff after having initially obtained a favourable judgment, delivered by the […]
Through the publication on 24 December 2021 of Legal Notice 490, the 15% tax rate on profits derived upon the assignment of rights on a promise of sale of immovable property situated in Malta has been extended by another year, until the end of 2022. The extended scheme does not impose any capping on the […]
Dr Demicoli joined the firm in 2019 as a senior associate and currently forms part of the firms’ Financial Services and Corporate Law branches. Nicole’ obtained a Doctor of Laws Degree (LL.D.) in 2009 and a Master of Laws Degree in Financial Services in 2011 from the University of Malta. Nicole has been admitted as […]
In an effort to combat the ever‐growing need to regulate cash transactions for money‐laundering purposes, the government, in October 2019, announced a policy decision by which cash payments for certain high‐value goods were restricted. Subsidiary legislation 373.04 was published on the 9th of March 2021 as Legal Notice 81 of 2021, coming into effect on […]
In the wake of the COVID-19 pandemic, businesses saw unprecedented logistical and operational challenges as jurisdictions across the globe, imposed travel and social distancing restrictions. This state of affairs had the effect of popularising the use of electronic signatures (also known as E-Signatures), with the scope of accommodating to new realities. E-Signatures provide an alternative […]
In a case brought before the First Hall Civil Court, a plaintiff, owner of a maisonette underlying a block of apartments, brought an action against a defendant with the scope of impeding the latter as airspace owner, from building an additional three floors. The plaintiff requested that the court issues a warrant of prohibitory injunction, […]
On the 31st of March 2021, The Regional Administrative Court of Campania (Third Section) amongst other things held, that good faith can save the new owner from a demolition order on account of irregularities which happened years earlier which the Municipality had not noticed until recently. The dispute arose between the Municipality and a citizen […]
In a case presided over by Chief Justice Mark Chetcuti; Mr. Justice Giannino Caruana Demajo; and Mr. Justice Anthony Ellul, decided on the 27th of January 2021, the Court of Appeal had to consider the quality expected of a common dividing wall. This case regarded a dividing wall which separated the property of the plaintiff […]
In a case brought before the Civil Court (Commercial Section), presided over by Mr. Justice Joseph Zammit McKeon, and decided on the 25th of February 2021, the conduct of a commercial partnership en nom collectif, made up of three partners, was brought under scrutiny. One of the partners filed judicial proceedings against the other partners, […]
The Capital Transfer Duty Department and the Office of the Commissioner For Revenue have published the revised guidelines in connection with the extension of the above-captioned fiscal incentives. The Guidance Note can be viewed here: https://cfr.gov.mt/en/inlandrevenue/legal-technical/Documents/Guidance%20Note%20on%20Recovery%20Measure%20ITA%20DDTA.pdf It is also confirmed that: The deadline for the publication of final deeds is now extended to January 2022. […]