The claimant who is the owner of the vehicle is asking thecourt to declare that the Local Council of Santa Venera is solely responsible for the accident in question and also to condemn the same Local Council to pay damages plaintiff.

Dr. Abigail Galea filed the suit on behalf of the plaintiff.

The Court of Appeal, presided by Chief Justice Silvio Camilleri and Judges Tonio Mallia and Albert Magri, today decided that an administrative issue between a pharmacy license applicant and the Superintendent of Health did not create the basis for third-party pharmacy license holders to intervene in court in support of the Superintendent of Health.

The third-party appellants had attempted to challenge a judgment of the First Hall Civil Court which had ordered the government to give effect to a license previously granted to the applicant but later put on hold under pressure from competitor pharmacies.

MBVC Advocates assisted the pharmacy license applicant whose license was declared valid by the First Hall Civil Court.

The workers are lamenting long working hours and poor compensation for rosters featuring split shifts.

The agreement includes an obligation on the bus company to revise the rosters applicable to its employees and, until such new rosters are implemented, an undertaking to pay compensation to the workers.

The union was represented by Mr. Tony Zarb and Mr. Charles Agius, and was assisted by Dr. Aron Mifsud Bonnici throughout these negotiations.

The project, spread over an area of just over 4,000 square metres, initially sought an outline permit for the construction of 18 residential units on each of three floors in the garden of Palazzo Giannin, with underlying garages, for private use.

But the Planning Appeals Board deemed this as “excessive” and downsized the project from 54 apartments to a maximum of 30.

The application for this development in Triq il-Ħatem, Għaxaq, dates back to February 2004.

The case officer had recommended refusal, though the Natural Heritage Advisory Committee concluded there was no objection to the proposed application on grounds of natural heritage.

The committee noted that Palazzo Giannin’s large garden, which dates back to the British period, contains several old trees, some of which are protected.

It recommended that a full tree inventory of the garden should be carried out prior to development, indicating the species and approximate age of all trees.

Mepa’s Development Control Commission had turned down the application in May 2008 since it considered the garden to be of cultural, historical and architectural value that merited scheduling.

The applicant submitted an application for the proposal to be reconsidered, which was also turned down in January 2010.

The applicant contended that although the development was not physically connected to the existing villa, the proposed development would enhance it.

A large portion of the garden adjacent to the villa will not form part of the proposed development.

However, Mepa maintained the proposal “is an extensive urban development, which will eliminate the garden and transform it into a residential project which cannot be considered as respecting the character of the historical villa”.

A fresh proposal was submitted proposing six blocks of flats with a height ranging from two to five floors. Although an improvement, it was still considered unacceptable.

Even Mepa’s Heritage Advisory Committee and the Integrated Heritage Management objected to the proposed development.

The Planning Appeals Board said it had reviewed Mepa’s policies extensively, which stated it would consider proposals to develop private gardens which merit protection “only after an assessment of the garden is carried out to the satisfaction of Mepa, to determine the importance and value of the garden and its features and whether development may be permitted”.

It noted that the temporary provision schemes for Għaxaq and Bir-id-Deheb earmarked parts of the site for the development of terraced houses.

On the basis of this, the appeals board overturned the original decision and gave the green light to develop a maximum of 30 apartments spread over three isolated blocks on three levels, excluding the penthouses. It said the garden’s original assets should be respected and the frontline of the building receded from the pavement.

The appeals board directed Mepa to issue an outline development permit and said issues related to the site, design, means of access, landscaping and external appearance should be discussed at full development application stage.

[Times of Malta, 30 October 2011]

The applicant was assisted by Dr. Joanne Vella Cuschieri of MBVC Advocates.

Il-ħaddiem issottometta appell quddiem il-Qorti ta’ l-Appell presjeduta mill-Imħallef Ray Pace li permezz ta’ decizjoni datata 27 ta’ Ottubru 2011 irrevokat id-deċizjoni tat-Tribunal u ddeċidiet illi b’dik id-dikjarazzjoni l-ħaddiem ma kienx qed jirrinunzja għal kull dritt li kellu skond il-Ligi Industrijali, inkluż li jikkontesta l-kunċett ta’ ‘redundancy’ u l-applikazjoni tiegħu.

L-impjegat kien twaqqaf mix-xogħol wara li kien ilu 37 sena jaħdem mal-istess kumpanija.  Ir-raġuni li ngħata għal tmiem l-impjieg kienet sensja, jew “redundancy.”  Meta twaqqaf minn xogħolu l-prinċipal ippreżentalu karta mitkuba lesta li kellha annessa magħha l-aħħar paga dovuta u wkoll kien hemm mitkub fuqha l-kliem “nikkonferma li m’għandi l-ebda pretensjoni oħra fil-konfront tal-Kumpanija.”  Wara li twaqqaf, il-ħaddiem sar jaf li l-kumpanija m’applikatx ir-regola tal-’last in first out’ skond il-liġi industrijali u wisq anqas ma applikat il-Ftehim Kollettiv.  Minħabba f’hekk il-ħaddiem fetaħ kawża fit-Tribunal Industrijali peress li qies it-tkeċċija tiegħu bħala inġusta u mhux skond il-liġi.

Fit-Tribunal Industrijali, il-kumpanija iddefendiet ruħha li la darba l-ħaddiem kien iffirma l-karta li huwa ma kellu l-ebda pretensjoni fil-konfront tagħha meta rċieva l-aħħar ċekk, allura huwa kien irrinunzja għad-dritt li jirrikorri quddiem it-Tribunal fuq tkeċċija inġusta.

It-Tribunal kien qabel mat-teżi tal-kumpanija u waqqa’ l-każ tal-ħaddiem iżda l-Qorti tal-Appell ma qablitx mat-Tribunal. Il-Qorti spjegat li fil-fatt il-ħaddiem ma setax jirrinzunja għad-dritt li jfittex lill-kumpanija għal tkeċċija inġusta ġaladarba fil-mument li ffirma dik il-karta ma kellux iċ-ċans li jivverifika ċertu affarijiet u wkoll setgħu iseħħu avveniment oħra wara li ffirma dik il-karta li jagħtuh id-dritt li jikkontesta t-tkeċċija tiegħu.  Il-Qorti qalet li l-ħaddiem lanqas remotament ma wera r-rieda li jċedi kull dritt ta’ azzjoni li kellu sabiex jattakka t-tkeċċija inġusta tiegħu fil-karta li ffirma.  Għalhekk il-Qorti tal-Appell ikkonkludiet illi t-Tribunal Industrijali fid-deċizjoni tiegħu “għaġġel wisq u addirittura żbalja, meta b’tant disinvolutura” ddeċieda li bis-sempliċi firma tiegħu fuq dik il-karta l-ħaddiem kien irrinunzja għal kull dritt ta’ azzjoni li huwa seta’ kellu fir-rigward tat-terminazzjoni ta’ mpjieg tiegħu.

Għalhekk il-Qorti tal-Appell laqgħet l-appell tal-ħaddiem, ħassret id-deċizjoni tat-Tribunal u bagħtet il-kawża lura quddiem it-Tribunal Industrijali sabiex jiddeċiedi fuq jekk il-ħaddiem kienx tassew tkeċċa b’mod ingust jew le.

L-impjegat kien assistit minn Dr. Joanne Vella Cuschieri.

It was due to your intelligence and expertise that we are now able to proceed with many of our plans which had been interrupted due to this event. Joanne, you have managed to keep me clear headed in a very frustrating situation.

Thank you so very much for your help throughout this difficult time. I wasn’t sure how I would handle it all, both emotionally and financially, but you were so helpful and supportive. I would recommend you to others without reservation.”

Some hearings have been cancelled while others have been postponed until the court building reopens.

[Update: The court reopened later in the morning.]

Before joining the bank in 2007, Steel was divisional director of DSG international, one of Europe’s leading specialist electrical retailing groups. DSG trades under the well-known brand Dixons.

HSBC Malta CEO Alan Richards was quoted as having expressed delight at Steel’s joining the local team as well as appreciating the new head’s extensive retail experience.

The incident took place at about 10 a.m.

An eye-witness said that at the end of a court hearing, the accused in a dispute between two families was fined and ordered to sign a guarantee not to approach the other parties.

But as this man was moving away from the Magistrate’s bench, he was assaulted by two men who had been parte civile in the case. He was punched several times around the head and was seen bleeding profusely.

Order was restored by the police. Cleaners had to be called in to remove blood from  the floor before Magistrate Antonio Mizzi sentenced one of those involved to 30 days imprisonment while the other, who is his father, was jailed for five days.

[Times of Malta, 24 October 2011]