Author: conceptstadium

Can parking spaces be the subject of an act of spoliation?

In a judgement delivered by the Court of Appeal, the Court upheld an appeal which was filed by the Defendant. In this case, the Plaintiff Company alleged that it was despoiled of its possession of a private road abutting onto its property. The Plaintiff Company claimed that this act of spoliation was caused by the […]

“Best” Endeavours Clauses v. “Reasonable” Endeavours Clauses – Which Ones Should I Use?

When entering into a contract, it is important to be able to distinguish between clauses which impose absolute obligations, and endeavour obligations, on a contracting party. Absolute obligations require an obligor to actually carry out the objective e.g. to pay a price, or to register a hypothec, where it is the result which is of […]

A secured roof over a pre-1995 leasing tenant – a well awaited win for the underdog!

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 […]

05/01/2022
By conceptstadium
Law
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Tax on the assignment of the rights on a Promise of Sale

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 Nicole’ Ann Demicoli made partner & Dr Joseph Camilleri promoted to Senior Associate with Salibastafrace Legal

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 […]

02/09/2021
By conceptstadium
Law
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Curbing Money Laundering Activities: Limit of €10,000 on Cash Transactions and other Valuables.

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 […]

14/06/2021
By conceptstadium
Law
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Are Electronic Signatures (E-Signatures) Reliable?

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 […]

01/06/2021
By conceptstadium
Law
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Warrant of Prohibitory Injunction Issued: A Maisonette Owner requests to inhibit the Airspace Owner from constructing Additional Floors due to the Potential Aggravation of Easements

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, […]

05/05/2021
By conceptstadium
Law
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From Illegitimate Building Works to Illegitimate Demolition Orders: How Good Faith Saved the New Owner from Demolition of his Property in the Municipality of Torre del Greco

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 […]

06/04/2021
By conceptstadium
Law
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What is the quality expected of a common dividing wall? The Court answers.

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 […]

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