conceptstadium – Page 2 – Salibastafrace Legal

When Lending Becomes an Illicit Activity

In a case presided over by Chief Justice Mark Chetcuti, Mr. Justice Christian Falzon Scerri and Madam Justice Josette Demicoli, decided on the 11th of April 2024, the Court of Appeal confirmed a judgment of the First Hall Civil Court which held that a lender could not recover amounts loaned to his borrower as the […]

The Development of an Airspace

The development of airspaces is a recurring subject, especially during the last couple of years. Owners of airspaces delve into legal dilemmas and sift through contracts, some of which quite historic, to understand how they can design the additional building above the said airspace. We have already looked into matters involving the right of use […]

Interest on Late Payments in Commercial Transactions Increases by 0.5% to 12.5% as of 1st January 2024

The European Union has recognised that late payments in commercial transactions negatively affect the entire European economy, as each year, across Europe, thousands of businesses go bankrupt waiting for their invoices to be paid. With the objective of protecting European businesses, particularly SMEs, against late payment, the EU adopted Directive 2011/7/EU of the European Parliament […]

First Green Bond in Malta issued by the Water Services Corporation Group

On the 20th of July 2023, ClearFlowPlus p.l.c., a fully owned subsidiary of the Water Services Corporation, the main water services provider in Malta, has published a Prospectus in respect of the issue of up to €25 million 10-year bonds, to finance certain green projects of the Group, and which is marketed as the first […]

Applying for an Extension on Expired or Expiring Emphyteutical Concessions granted by the Government of Malta

On the 14th of July 2023, a legal notice titled “Expired or Expiring Emphyteutical Concessions Regulations 2023” (L.N. 161 of 2023), was published with immediate effect, introducing a system in which expired or expiring temporary or sub-emphyteutical concessions of land (whether residential, agricultural or commercial), which were originally granted by the Government of Malta or […]

Interest on Late Payments in Commercial Transactions Increases to 12%

With the scope of encouraging enterprises and public authorities to comply with payment deadlines in commercial transactions, and to ensure the smooth functioning of the European single market, Directive 2011/7/EU of the European Parliament and of the Council of 16th February 2011 on combating late payment in commercial transactions was implemented. This Directive was transposed […]

22/12/2022
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Law
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New Regulations introduced in an effort to improve the current construction management practices

The ‘Construction Management Site Regulations, 2022’ came into force by virtue of L.N. 340 of 2022 on the 16th of December. The Building and Construction Authority (herein ‘BCA’) was assigned the responsibility to oversee construction site management in an effort to limit environmental degradation, nuisance to neighbours and to safeguard property pertaining to the Government […]

21/11/2022
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Law
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Ian Stafrace participating in the Chamber of Advocates’ “Annual Company Law Conference 2022”

On the 9th of November 2022, Partner Dr. Ian J. Stafrace participated in the Practitioners’ Round Table during the “Annual Company Law Conference 2022: Recent Developments, Insolvency Issues and Reforms”, organized by the Chamber of Advocates’ Malta Law Academy. The Conference was held at the Aula Magna Hall at the University Valletta Campus. The Conference […]

21/11/2022
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Law
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A Breakdown of the Proposed New Pre-Insolvency Reforms

A new set of reforms primarily aimed at transposing the European Union’s Directive (EU) 2019/1023 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency), were recently tabled in […]

25/10/2022
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Law
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Pre-Contractual Liability In The Case of Tenders

In two recent judgements delivered by Mr Justice Neville Camilleri and Mr Justice Grazio Mercieca, the Court decided to award Infrastructure Malta a sum of money in damages after the defendant companies failed to conclude the final contract after its offer for works was accepted by the Authority. The aforementioned cases involved the publication of […]