Insights

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Revolutionising Condominium Management: Malta’s Legislative Leap Forward

The concept of condominium living in Malta is facing potential legislative modernisation, with a white paper proposing significant reforms. These proposals aim to address the challenges in governance, maintenance, and management of shared spaces. This article delves into the proposed amendments, which, while not yet law, indicate the direction of...

Reclaiming Company Assets After It Has Been Struck Off the Registry: Analysing the Carmel Cortis et vs L-Onor Prim Ministru et Judgment

A recent judgment from the First Hall Civil Court (Constitutional Jurisdiction) has significant implications for shareholders and interested parties seeking to recover a company's assets long after it has been struck off the Malta Business Registry. This article delves into the ramifications of this judgment and its potential to reshape...

Announcing Our New Office Location!

We're excited to announce that we have moved to a new location to better serve our clients. Our new office is now located at Office 1, 4th Floor, Kingsway Palace, Republic Street, Valletta. We look forward to welcoming you to our new premises!

Dispute Resolution in Malta: Choosing Between Arbitration and Court Proceedings

Beneath the framework of Malta's judicial system, a distinctive mix of civil law, common law traditions, and EU directives and regulations, there are several avenues for dispute resolution. This article provides a comprehensive exploration of the two primary routes: litigation in Malta and arbitration in Malta, offering a detailed comparative...

Court declares ARMS billing practices illegal

In what is considered to be a ground-breaking judgment, the First Hall Civil Court ordered Automated Revenue Management Services Limited (“ARMS”) to refund the sum it overcharged when issuing its electricity bills to the plaintiffs. The plaintiffs, Mr. Darren Cordina and Notary Melvin Polidano, instituted a case against ARMS on...

Freedom of Information Law Challenged in the Constitutional Court

We are proud to be assisting the Daphne Caruana Galizia Foundation, together with our colleague Dr. Claire Bonello, in constitutional proceedings, in which we seek to challenge, in particular, certain provisions of the Freedom of Information Act. More information about the case can be found on the following news portals: ...

Buying real estate off-plan? Be aware of the risks.

Real estate is the world’s most important and largest asset class, and is purchased both as a utility as well as an investment. It is largely perceived to be a safe investment, ostensibly due to its tangibility but also historically, at least here in Malta, the downside risk appears to...

Challenging the taxman’s executive title

In recent months we have seen the Government of Malta bolster resources in order to  intensify enforcement against money laundering and tax evasion. The oftentimes forbearing and indulgent stance of the Commissioner for Revenue (“CFR”) has shifted towards a policy that is seemingly hawkish and contentious. Indeed, our courts have...

Debt Collection: Enforcing an EU Judgment in Malta

Persons seeking to retrieve a sum of money that is owed to them may run into difficulties collecting the debt if it transpires that their debtor’s assets are held in a country other than the one where a court has passed judgement in their favour. It takes time and money...

The EU's plan to transform the Internet - Part 1

On 15 December 2020, the European Commission proposed two new pieces of legislation as part of its digital strategy to update the rules governing internet services in the EU. These complementary initiatives are the Digital Services Act (DSA) and the Digital Markets Act (DMA), and their main goals are to...

2021: Online Trading Platforms and Risks to Investor Protection

Among several events that 2021 will be remembered for, this year will probably go down as the year in which financial markets saw unprecedented levels of trading volumes, ostensibly due to the increased participation of retail investors making use of a variety of online trading platforms offering investments with low...

A missed opportunity for the Ġbejna

An online furore has erupted over the MCCAA’s decision to reject an application to have the beloved Maltese Ġbejna registered as a Protected Designation of Origin (“PDO”), ostensibly after opposition by local dairy giants, Benna.   At face value however, the decision appears to be legally well-founded and in conformity with...

An Employee’s right to disconnect

Covid-19 has brought about a change in the working environment with a number of businesses requiring or offering their employees to work remotely.   Recent statistics show that working from home has increased by almost 30%, and this figure is expected to remain constant throughout 2021. Eurofound has reported that people...

AG weighs in on the legality of Hyperlinks

In his recent opinion in a case pending [1] before the Courts of Justice of the European Union (‘CJEU’), Advocate General Maciej Szpunar weighed in on the legality of embedded hyperlinking - also known as framing. Traditionally, hyperlinking refers to an act whereby one webpage displays a URL to another...

MFSA launches Fintech Regulatory Sandbox

The Malta Financial Services Authority (MFSA) has introduced its FinTech Regulatory Sandbox, which provides a controlled regulatory environment where FinTech operators may test their innovations within the financial services sector under prescribed conditions. The FinTech Regulatory Sandbox was launched during a press conference held on the 22nd of July, 2020....

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