Insights
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Dispute Resolution
Constitutional References and Architects’ Disciplinary Proceedings: Recent Guidance from the Constitutional Court
Constitutional references often provide some of the clearest guidance on the interpretation of constitutional and Convention law. The recent judgments delivered by the First Hall of the Civil Court in its Constitutional Jurisdiction (the “First Court”) and, on appeal, by the Constitutional Court on the 13th July 2026, in the parallel proceedings instituted by architects Anthony Mangion and Roderick Camilleri against the Chamber of Architects, provide a notable example. The judgments addressed a number of important questions concerning the nature and fairness of architects’ disciplinary proceedings and ultimately upheld the Chamber’s position that the disciplinary decisions should not be annulled.
Dispute Resolution
Joseph Mizzi to Attend IBA Annual Litigation Forum 2026 in Madrid
Muscat Mizzi Advocates is pleased to announce that Joseph Mizzi, Partner, will be attending the International Bar Association (IBA) Annual Litigation Forum, taking place in Madrid from 15–17 April 2026.
Dispute Resolution
Forced Sale of Co-Owned Property in Malta: Fair Price and Co-Owner Protection in a Recent Judgment
The case of Rita Sultana pro et nomine et vs Carmelo Caruana et , decided by the First Hall Civil Court constitutes a notable judgment concerning the limitations of an action for the sale of a property held in co-ownership under Article 495A of the Civil Code (Chapter 16 of the Laws of Malta). The judgment was not appealed and is therefore res judicata, meaning that it is final and binding between the parties. This legal mechanism is contemplated where co-owners are unable to reach an agreement on the sale of a property held in common. Its purpose seeks precisely to address situations where the majority of co-owners wish to sell the co-owned property, but the minority co-owners are otherwise not in agreement. A successful action under this provision enables the Court to order the sale to a prospective buyer despite objections from minority co-owners.
Dispute Resolution
Contractors’ Liability for Defective Works: Key Lessons from a Recent Judgment
On the 29th January 2026, the Court of Appeal confirmed the judgment of the First Hall of the Civil Court in Tennisline Malta Limited vs Intersteel & Fence Limited, a case concerning defective works carried out on tennis courts in Malta.
Dispute Resolution
Maltese Court refuses recognition of Austrian gambling judgment and affirms applicability of Article 56A
The Maltese Civil Court (First Hall), presided over by Mr Justice Mark Simiana, has refused to recognise and enforce an Austrian court judgment against a Malta-licensed gaming operator, in a decision that provides important judicial clarification on the operation of Article 56A of the Gaming Act within the EU law framework and confirms the consistent approach of the Maltese courts in holding that Austrian gambling judgments are contrary to Maltese public policy within the meaning of Article 45 of the Brussels I Recast Regulation.
Dispute Resolution
Legal Remedies for Bad Workmanship: Which One Is Right for You?
Bad workmanship by a contractor (‘appaltatur’) is a common issue that frequently lands before the Maltese courts. Despite its regular occurrence, the law does not offer a one-size-fits-all remedy. Instead, it provides a flexible framework based on general principles of contract and obligations law.
Legal Insights
Muscat Mizzi Advocates to attend Corporate Jet Investor Malta 2025
Muscat Mizzi Advocates is pleased to announce its participation in the prestigious Corporate Jet Investor Malta 2025, to be held on the 11th of June in Malta. Representing the firm at this significant event will be Adv. Ylenia Busuttil, who will be available to discuss legal perspectives and insights tailored to the corporate aviation industry.
Dispute Resolution
Ship Arrests in Malta: A Comprehensive Guide to Precautionary and Executive Warrant
Introduction to Ship Arrest in Malta
Data Protection & Privacy
Muscat Mizzi Advocates at IT Law Group Europe Spring Conference 2025
Muscat Mizzi Advocates is pleased to announce that our partners, Dr. Joseph Mizzi and Dr. Alain Muscat, are representing the firm at the IT Law Group Europe Spring Conference 2025, held in Athens, Greece on the 25th and 26th of April.