Category: Law

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, […]

With effect from 10th March 2021, Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (the ‘SFDR’) will start to apply. This write-up purports to provide the readers with a high-level summary of the main requirements that emanate from the SFDR […]

On the 29th of September 2020, the Commercial Court considered article 300A of the Companies Act, Chapter 386 of the laws of Malta, and delved into further detail on what could constitute an “asset” according to the same provision. The merits of this case regarded a vendor company which, by means of a contract of […]

The Ministry for Transport, Infrastructure and Capital Projects, has recently published Legal Notice 369 of 2020, entitled “Extension of Temporary Emphyteusis in a Contract for a Commercial Premises Transferred from the Government, the Lands Authority or Ecclesiastical Entities by Title of Emphyteusis Regulations, 2020”. According to these new regulations, as of the 5th of October […]

On the 30th of October 2015, the Constitutional Court confirmed a decision by the First Hall Civil Court, dated 15th July 2014, wherein it declared that the expropriation of the utile dominium of a piece of land found on Triq ix-Xatt, Ta’ Xbiex, which is presently occupied by the Royal Malta Yacht Club, was carried […]