Category: Law

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 […]

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 […]

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 […]

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 […]

The Civil Court, First Hall has recently confirmed that a promise of sale agreement must be honoured, even where the vendor owns an inferior share to that initially promised to the purchaser in the promise of sale agreement, provided the latter is still interested in purchasing and acquiring such inferior share. The case in question […]

A new legal notice that made significant amendments and additions to the Commercialisation of Sports Facilities Regulations (S.L. 455.12) entered into force on the 29th of July 2022. The Regulations which were originally promulgated in 2017, established a framework allowing sports organisations to conduct commercial activities from their properties. The new legal notice aims to […]

Maltese law recognises both institutes of assignment of lease and sub-lease as viable options to lessees party to lease agreements. In fact, Article 1614 of the Maltese Civil Code, Chapter 16 of the laws of Malta, provides that “the lessee is not entitled to sub-let a thing or to assign its lease, unless such right […]

The irrevocable mandate granted by way of security is an exceptional institute. It contains remnants of a mandate, whereby a person (a mandator) delegates legal authority to another (a mandatary) to execute certain legal acts. However, it also contains remnants of an assignment of a right or a contractual accord of an interest. It is […]

Use of the phrase ‘force majeure’ has undoubtedly gained traction after the Covid-19 pandemic. Whilst the inclusion of force majeure clauses within contractual agreements had previously been considered an afterthought (and parties often made use of standard clauses for it), nowadays, force majeure clauses have become a point of contention in negotiations. In view of […]

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 […]