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  • Article

    The Murky Waters Of Software Patents

    Software patents have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and the future of software patents still remains unknown.
    European UnionIntellectual Property
    GVZH Advocates
    GVZH Advocates
  • Article

    Malta Business Registry Penalties Must Be Clear Enough And Satisfy The Requisites Set Out In Law

    In Marco Aquilina u Euro Concrete Blocks Limited (C 16202) v. Ir-Reġistratur tal-Kumpaniji, decided by Mr Chief Justice Mark Chetcuti, Mr Justice Robert G. Mangion and Mr Justice Grazio Mercieca (Court of Appeal) on 3 September 2024.
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    Penalty Clauses And Limitation Of Liability | Clauses In A Contract – Can They Be Enforced?

    Contracts are the backbone of commercial and personal transactions and the means through which expectations of the parties to the contract are assigned and crystallised in writing.
    MaltaCorporate/Commercial Law
    GVZH Advocates
    GVZH Advocates
  • Article

    Case Study – Refusal Decision Appealed

    An appeal against the Health Care Professions Appeals Committee's rejection decision, concerning our client, an Iranian national.
    MaltaEmployment and HR
    Sciberras Advocates
    Sciberras Advocates
  • Article

    Market Abuse: Zip Your Lip!

    In March 2022, the European Court of Justice (ECJ) gave a preliminary ruling1 in yet another case about the unlawful disclosure of inside information...
    MaltaFinance and Banking
    Finance Malta
    Finance Malta
  • Article

    The Requisites Of Slander Under Maltese Law

    In its judgement delivered on the 1 November 2021 in the names of Joseph Vella v. Mary Helen sive Mariella Strout, the Court of Magistrates, presided over by Magistrate Rachel Montebello, considered the mechanics of slander under Maltese law.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Burden Of Proof And The International Carriage Of Goods: Insurer Succeeds In Cargo Theft Claim

    On 20 May 2025, the First Hall of the Civil Court (the "Court"), delivered its judgement in the case Elmo Insurance Limited vs Jet Freight Limited and Clayton Abela Logistics Limited, touching upon the burden of proof of carriers under the International Carriage of Goods by Road Act (Chapter 486 of the Laws of Malta, the "CMR").
    MaltaTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    Court Auction Of Sea Vessels: Notice To Creditors

    The Court of Appeal, in its Superior Jurisdiction, composed of Chief Justice Mark Chetcuti, Mr Justice Christian Falzon Scerri and Madam Justice Josette Demicoli...
    MaltaTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    Public Road Or Private Parking? The Act Of Spoliation

    In its judgement delivered on the 20 May 2021, in the names of Wurth Limited vs Kevin Agius, the First Hall Civil Court (the "Court") presided over by Madame Justice Dr Joanne Vella Cuschieri.
    MaltaTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    Market Abuse: Zip Your Lip!

    In March 2022, the European Court of Justice (ECJ) gave a preliminary ruling[1] in yet another case about the unlawful disclosure of inside information – this time by a journalist (Mr A)...
    MaltaFinance and Banking
    Ganado Advocates
    Ganado Advocates
  • Article

    Strict Liability Of Airline Carriers Under The Montreal Convention

    On 6 July 2023, the European Court of Justice (‘ECJ') delivered a preliminary ruling concerning a request on the interpretation of Articles 17(1), 29 and 35 of the Convention of Certain Rules...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Latent Defects And The Actio Aestimatoria

    In the case George Borg Marks and Joan Borg Marks (the "Plaintiffs") vs. Yolo Properties Limited (the "Defendant"), Honourable Judge Audrey Demicoli examined the notion of latent defects...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Litigation In Malta

    The Maltese legal system has developed into a mixed legal system. In private law matters, it is largely a jurisdiction based on the civil law tradi tion; however, decades of British rule exposed...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Malta Court Removes Government Litigation Privilege In Judicial Review Cases

    Article 469A COCP, on the other hand, provides the procedure for the judicial review of administrative actions.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The GCEU Comments On The Enduring Nature Of A Trademark's Reputation

    On the 24th of April 2024, the General Court of the European Union (the "GCEU" or the "Court"), ruled in the case of Kneipp GmbH vs European Union Intellectual Property Office ("EUIPO") (Case T-157/23)...
    European UnionIntellectual Property
    Ganado Advocates
    Ganado Advocates
  • Article

    Challenging Enforcement Of Cross-Border Tax Claims Under Council Directive 2010/24/EU

    Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (The ‘Directive')...
    European UnionTax
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
  • Article

    Amendments To The Prevention Of Money Laundering Act

    A set of amendments to the Prevention of Money Laundering Act (Cap 373) have come into force today, the 7th February 2020, upon the publication of Act No. I of 2020 in Government Gazette No. 20,344.
    MaltaGovernment, Public Sector
    CSB Group
    CSB Group
  • Article

    Secured Creditor's Omissions During Bankruptcy Proceedings Did Not Prejudice Other Creditors

    The case of AMG Cold Stores Limited et vs Bank of Valletta P.L.C et was decided by the Court of Appeal in its Superior Jurisdiction on 25 October 2023.
    MaltaInsolvency/Bankruptcy/Re-Structuring
    Ganado Advocates
    Ganado Advocates
  • Article

    Impulsive Online Reviews, Can Come At A (legal) Cost

    In the judgement in the names of ‘Euro Resort Investments Limited (the "Plaintiff Company") vs. Madeleine Bonnici' (the "Defendant") decided on the 30th July 2021,...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Latent Defects In Movable Property: The Actio Redhibitoria And Its Time Bar

    A Maltese court examines the strict requirements and time limits governing claims for latent defects in movable property sales, clarifying when buyers can seek rescission and restitution of purchase price under the actio redhibitoria remedy.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Showing 161–180 of 219 results

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