LIVING LAW MAGAZINE ISSUE 3

ISSUE 03 OCT 2014

FAMILY EMPLOYMENT BUSINESS LIFESTYLE & MORE

Dr Matthew Saliba REDEFINING SUCCESS

Letter from the Editors Dear Readers, With pleasure, we bring you another issue of LivingLaw, jam-packed with practical information which you can resort to when facing challenges in your daily lives.

When we first conceived this project, our vision was that of empowering our readers with practical legal information with which they could then make reasoned and informed choices.

A few issues later, we believe that our vision is being achieved.

KNOWLEDGE IS POWER

‘The only way to predict the future is to have power to shape the future’

Eric Hoffer

In order to make this project truly effective, we want to hear more about the topics that you would like us to cover. We have had a number of requests for features about family issues, environmental issues, and animal welfare; and we promise you that these will continue featuring high in our editorial agenda. In the meantime, we look forward to receiving more feedback on other aspects of the law that you may like us to write about.

We ultimately know that knowledge is power, and by bringing you the legal knowledge that you may require, we are helping to bring back the power to where it belongs: with you, the people!

Roselyn Borg Knight & Roberta Lepre

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COVER CREDITS Photographer: Luke Engerer

Contents

8

Employment Recruiting within the parameter of the law

12

Family The rights of the child

14

Interview Redifining success

19

Business Malta as a jurisdiction of choice

20

Film Review Erin Brokovich

24

Lifestyle Life is for eating!

26

Lifestyle Life is for living!

28

Civil Immovable property in Malta

30

The Law is an Ass Adding insullt to injury

31

Vox Pop Criteria when hiring a lawyer

LIVING LAW is owned and produced by Dr. Roselyn Borg Knight & Dr. Roberta Lepre Editors: Dr. Roberta Lepre & Dr. Roselyn Borg Knight Email: editors@livinglawmagazine.com Advertising Manager: Marie Claire Bugeja Email: mcbugeja@independent.com.mt | Tel: 21345888 ext 149 Design & Art Direction: Faye Paris Photography of Editors: Luke Engerer No part of this magazine may be reproduced without the written consent of the publisher. This publication is for information purposes and is not intended to provide legal advice. Readers should not act, or refrain from acting, based on any information contained in this publication. Readers should not rely on information provided herein as legal advice for any purpose, and should always seek the legal advice of competent counsel in the relevant jurisdiction.

EMPLOYMENT

Recruiting

M

within the parameters of the law

any would agree that an organisation’s employees are its greatest asset.

Hence the recruitment process is a very important step in making sure that a new employee is an added value to the organisation. What is also vital is that the recruitment process is done within the parameters of the law.

Employers should be aware that they have a legal responsibility towards candidates and such a responsibility starts from the moment that the vacancy is advertised. There must not be any unlawful discrimination in the advert but, unfortunately we still see adverts specifying the gender or age or any other criteria, which may be unlawful. Adverts need to be vetted well before they are issued!

The legal responsibility in the recruitment process does not start and end with the vacancy being advertised, so employers must make sure that no unlawful discrimination occurs in the whole process of recruitment - from the advert stage through to the actual selection of the candidate, including the interview.

The Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta) defines discriminatory treatment as: “any distinction, exclusion or restriction which is not justifiable

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in a democratic society including discrimination made on the basis of marital status, pregnancy or potential pregnancy, sex, colour, disability, religious conviction, political opinion or membership in a trade union or in an employers’ association” Furthermore the Equal Treatment in Employment Regulations (Subsidiary Legislation 452.95) defines discriminatory treatment as any distinction, exclusion, restriction or difference in treatment, whether direct or indirect...” This relates to the following grounds: religion, religion belief, disability, age, sex, sexual orientation, and racial or ethnic origin.

Discriminatory treatment also includes the following: • harassment and sexual harassment, as well as any less

favourable treatment based on a person’s rejection of, or submission to, such conduct; • instruction to discriminate against persons on grounds of sex; • any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC; • in so far as the ground of sex is concerned, any less favourable treatment of a person who underwent or is undergoing gender reassignment, which shall mean where a person is considering or intends to undergo, or is undergoing or has undergone, a process, or part of a process, for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.

EMPLOYMENT

WHEN CREATING THE JOB DESCRIPTION AND THE PERSON SPECIFICATION FOR YOUR VACANCY YOU NEED TO BE OBJECTIVE AND USE APPROPRIATE JOB TITLES.

In practice...

Once the vacancy is identified a job description and person specification need to be drawn up.

It’s a good idea to review what you have stored or get ideas from job sites but when creating the job description and the person specification for YOUR vacancy you need to be objective and use appropriate job titles. In other words don’t just copy and paste from what you had a few years back or from online sources. This might sound like stating the obvious but this practice is still very common and organisations keep getting caught out time and time again. Therefore by way of a simple example it is not ‘female shop assistant’ but ‘shop assistant’. If you think this is obvious then you are doing the right thing and you keep at it. It becomes trickier when the obvious is not so obvious. For example when you are drawing up the person specification you ask for a requirement for CONTINUOUS experience. What is wrong with this? This could indirectly discriminate against women (unless it can be objectively justified) who have taken time out from work to look after children. For example a requirement for someone who is ‘mature’ can discriminate against someone who is young - age discrimination. Therefore your person specification should describe skills, experience, qualifications, and qualities that are necessary or desirable in the candidate you want to attract.

In summary when recruiting and looking at the needs of your organisation make sure that you do not discriminate and always look at the bigger picture... someone taught me to “wear different glasses” to be able to see things from a different perspective. Hence you need to wear “male glasses”, “female glasses”, “ethnic glasses” and any other glasses to make the right decision for your orgnanisation. At the end of the day as much as recruiting within the parameters of the law is fundamental, having a diverse workforce is the way forward for a successful business.

DR. ROSELYN BORG KNIGHT

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employmentlawconference.eu

6th Annual Conference

28 November 2014

Le Meridien Hotel & Spa, St Julians

SYNOPSIS Current developments in employment law will significantly affect employers and employment practices in the years ahead.

These developments emanate from changes in the law as well as the significant case-law of the Industrial Tribunal and related appeals. Furthermore, binding rulings of the European Court of Justice are also very relevant as Maltese courts continuously refer to such judgements. During this year alone there were significant decisions. This means that Lawyers, HR professionals and Employers continue to face challenging times. Delivered by leading employment lawyers, this conference will provide you with straightforward, direct and practical guidance that will tell you what you really need to know about the cases that were decided in 2013-2014. Furthermore, you will be presented with some findings on the Industrial Tribunal and its trends over the last few years.

PROGRAMME 08:30

Registration and Coffee

09:00

Introduction and opening remarks Maltese Employment Law Cases Case Study Discussion

10:45

Coffee Break

11:15

Relevant recent European Case Law A brief presentation on the awards given by the Industrial Tribunal over the last few years

12:15

Questions and Discussion

12:45

Final Comments and Close

SPONSORS

PARTNERS

Copyright Š 2014 Employment Law Conference Malta. All Rights Reserved.

â‚Ź100

+VAT

Employment Case Law Conference for 2013 -2014

HALF DAY Conference

FAMILY

The Rights of the Child

A Comprehensive Children’s Act

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (UNCRC) IS “THAT LUMINOUS LIVING DOCUMENT THAT ENSHRINES THE RIGHTS OF EVERY CHILD WITHOUT EXCEPTION TO A LIFE OF DIGNITY AND SELF-FULFILMENT” NELSON MANDELA

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C

hildren in Malta are very much loved and cherished. Family life practically revolves around children. This is perhaps because, subconsciously, we all know that the one real resource for national selfsustenance is human potential. In essence, our future lies in children.

Against this backdrop, the Maltese Government signed the UNCRC on the 26th of January 1990 and proceeded to its ratification on the 30th of September 1990. The act of ratification merely establishes Malta’s consent to be bound by the terms of this Convention. It does not directly incorporate the Convention into Maltese law. Therefore, the Maltese Government is required to introduce domestic legislation to give effect to the Convention.

Why a Comprehensive Children’s Act? In 1997, Malta reported to the Committee of the Rights of the Child (CRC) that a draft bill, entitled “The Children Act”, was being considered by Parliament. This bill was meant to consolidate into one law all existing provisions relating to children’s rights as child legislation had until then been piecemeal. The Committee conclusively welcomed the initiative and encouraged Malta to expedite the enactment of this Act. Yet, more than a decade later, child legislation remains fragmented.

Whereas Maltese child legislation is at pains to enunciate the best interests of the child, a piecemeal approach is doomed to fail in this endeavor. By definition, a piecemeal approach molds child legislation one piece at a time, the likelihood of this being that various children’s provisions are written at different times and independently from one another. This invariably leads to variations in interpretation and application of the law, which, for obvious reasons, is not in the best interests of the child.

FAMILY

A piecemeal approach also impairs effective social work intervention as professionals lack the necessary legal framework for correct decision-making.

A comprehensive Children’s Act will therefore not only collect fragmented children’s provisions to strengthen the rights of the child, but will also provide professionals with the necessary legal framework to facilitate decision-making. It goes without saying that the enactment of a comprehensive Children’s Act clearly signals the Maltese government’s commitment to making the UNCRC a reality on the ground.

The Child Protection Bill (Out of Home Care) The Maltese government envisages a Children’s Act that will be at the heart of children’s rights. It will assemble several chapters relating to Care Orders, Fostering, Adoption, Juvenile Justice, Mental Health, Education, Disability and Parental Authority.

• introduce child protection orders; and • provide for special care and protection for children removed and separated from their parents and placed in out-of-home care.

A COMPREHENSIVE CHILDREN’S ACT WILL... ALSO PROVIDE PROFESSIONALS WITH THE NECESSARY LEGAL FRAMEWORK TO FACILITATE DECISION-MAKING. On the 24th of March 2014, the Minister for the Family and Social Solidarity presented before the House of Representatives the Child Protection Bill (Out of Home Care), 2014. The Bill, therefore, constitutes only one of several chapters of the Children’s Act. In essence, the bill aims to: • replace the 1980 Children and Young Persons (Care Orders) Act; • establish Child Court Services;

Most strikingly, the bill, as it currently stands, shifts responsibility of care orders from the Minister responsible for social welfare to the Family Court. This means that Family Court will now be responsible to hear and determine matters relating to the issuing, reviewing and termination of, and all other ancillary matters concerning, child protection orders.

Additionally, the bill introduces new concepts such as mandatory reporting, whereby professionals

who have reason to believe that a child is in actual or potential significant harm must report to the Child Protection Services or the Executive Police. Failure to do so will constitute a criminal offence.

The concept of permanent foster care also comes as a new addition.

Foster care may become permanent whenever foster care has been ongoing and appears to be long term. However, this concept and several others ones found in the bill, such as freeing the child for adoption and shared parenting, are still under close scrutiny.

To this end, the Ministry for the Family and Social Solidarity is welcoming feedback on the proposed law and is committed to propose any amendments if this is necessary, the aim being the enactment of a law that is effective in safeguarding the well-being of the child.

DR. BERYL JEAN BUTTIĠIEĠ Ministry for the Family and Social Solidarity

LIVING LAW

11

INTERVIEW

I

Redefining Success

meet Matthew at a trendy coffee shop on a Monday morning, after his gym session. We order a healthy snack and get chatting. I’ve known Matthew for a number of years so the conversation flows effortlessly. He takes me back a few years , before he had yet taken the decision of pursuing a legal career.

He explains that he had initially worked with one of the leading brands in the hospitality industry.

After that, he joined the MIC (the Malta-EU Information Centre) and soon started taking a keener interest in European Affairs.

‘It was evident that the MIC would be dissolved after the referendum, whichever way it went’, he explains, ‘so I started considering my career options’. He was faced with a choice between furthering his career in European Affairs, or joining University as a first year law student.

Matthew had always been interested in reading law, however, at a younger age, he had opted for a job with a stable salary, having lived alone since his late teens. ‘By then, however, it was now or never’, he recalls, so he took the plunge.

Matthew was no ordinary first year law student. Having just represented Malta at the Mr. World Malta competition, in which he placed seventh, his looks made him stand out. This was a time during which he was regularly engaged for modelling stints, so his face was a familiar one in the Maltese fashion scene. At the time, he was also participating in ‘Tista Tkun Int’, a very popular television programme.

His first two years in the law course were in fact his busiest ever as a

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model, as he was still riding the ‘high’ of the Mr. World Malta title.

He smiles, saying that his grades started suffering towards the end of his second year, so he took the decision of halting his modelling career for a while. He studied diligently through the following 4 years, during which time he also started his prattika with a local law firm. This was a time during which he started learning the ropes of the legal profession, and also getting accustomed to law firm dynamics.

Having been through that phase myself, I ask him about his opinion regarding the office culture in law firms. Unfortunately we have to agree that it appears common practice that associates, particularly the younger ones, are expected to forfeit their personal and social lives to further their careers. There is a widespread culture of working exhorbitantly long hours, with limited opportunities for growth and self development. This was what partly led him to accept an offer to join one of Malta’s leading group of companies as their in house counsel, a choice which led him to spearhead his career in the corporate world. ‘As in house counsel, the working environment is completely different’ he explains.

‘You are involved in the day to day running of the business; you get to see the whole picture and not focus solely on the legal matter at hand; you sit with the board of directors and liaise with other professionals

INTERVIEW

WE HAVE BECOME SO COMPLACENT. AS A SOCIETY, WE HAVE BECOME ACCUSTOMED TO WRONGDOINGS, SIMPLY BECAUSE THEY ARE COMMON AND WIDESPREAD. WE LIVE IN OUR LITTLE BUBBLE AND DON’T COMPLAIN ABOUT THINGS UNTIL THEY EFFECT US DIRECTLY.

LIVING LAW

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INTERVIEW

on a daily basis ‘. This is where Matthew felt he was best able to perform and deliver to the best of his abilities. He explains that these years took him through a learning process which have formed him into the tenacious and versatile professional that he is today. As a naturally reserved and contained person, he feels he is now in a place where he can assertively voice his opinion in the most open manner.

Ethics and justice are the drivers behind his resolve. ‘In the corporate world you can sometimes devise options which are lawful but not necessarily morally just’. However, he tends to take the equitable approach to justice, where his advice would be based on what he deems to be ethically correct besides being the most adequate lawful route. It comes as no surprise therefore to learn that Matthew feels very strongly about general injustices he observes around him, in the society we live in. ‘We have become so complacent’, he complains. ‘As a society, we have become accustomed to wrongdoings, simply because they are common and widespread. We live in our little bubble and don’t complain about things until they effect us directly’.

His collective approach is also reflected in his ‘Tough Mudder’ challenges, where besides the physical obstacles that need to be

Left: Training for Tough Mudder 2013 Below: Matthew with the Winner of Mr World 2003 Bottom: With the team at the finish line

occasion for participants and an opportunity to demonstrate team spirit and group effort’. Earlier this month, Matthew completed his fourth Tough Mudder event which requires a lot of physical and mental preparation. I train, on average, twice a day; mornings are focused on strength training at the gym, while evenings are more focused on cardio and agility training and I have recently taken up rugby.

AN INDIVIDUAL NEEDS TO BE SATISFIED BOTH ON A PROFESSIONAL LEVEL AS WELL AS ON A PERSONAL LEVEL overcome, emphasis is also placed on team-spirit and collegiality.

‘Tough Mudder is not only a physical challenge’ he explains. ‘It is a regular event which is also a social

Training is a daily appointment which I am committed to in the same way I commit to a client appointment’ he smiles. He goes on to explain that personal priorities need to be placed on the same level as professional ones, in order to maintain a sense of balance and personal satisfaction. ‘Our society tends to measure success in terms of money – my notion of success is slightly different. An individual needs to be satisfied both on a professional level as well as on a personal level, whether the latter entails practicing a sport, socialising or spending time with family. There can be no real success without reconciling both!’

LIVING LAW

15

BUSINESS

Financial Services, Citizenship & the Affluent

Malta as a jurisdiction of choice tier investment process consisting of a contribution, investment in real estate, and a further investment made in stocks, bonds and/or other special purpose vehicles.

The programme has, during the first few months of operation, already attracted more than €100 million in investment.

An Interview with Dr. Jonathan De Giovanni, Director for Legal and International Tax Services at WDM International, a multidisciplinary full service firm offering tax consultancy, audit and advisory services.

Why have you decided to become a financial services and tax lawyer as opposed to taking a more traditional route?

Anyone who knows me knows that I am anything but conventional.

Truthfully, I have always been interested in financial services and tax and I enjoy dealing with the multifaceted challenges that they present, including the continuous state of flux in the regulatory landscape, which comes with these areas of law. Dealing with corporate clients and high net worth individuals has always been a passion, rather than a mere job.

Is Malta an attractive jurisdiction for the wealthy?

Malta is becoming an increasingly attractive jurisdiction for high and ultra-high net worth individuals. It is viewed as stable and reputable. Of course the various tax programmes such as the Global Residence Programme, which subjects eligible beneficiaries to income tax rates as low as 15%, have acted as a catalyst in this area. However, it definitely isn’t just about tax. We have seen an increase of high value assets being registered in Malta including super yachts and private aircraft.

Malta has been chosen as the base for more than 250 super yachts.

We have also witnessed an increase in investment stemming from the Malta Film Industry with more and more A-List celebrities and film directors choosing our country to shoot their films.

How can Malta become more competitive?

Is WDM International an accredited agent for the IIP?

Malta is very competitive from a regulatory standpoint. We are blessed with an approachable and proactive financial services regulator. The efficiency of key procedures, like that pertinent to the incorporation of companies and licensing of financial services activities, is key to Malta’s competitiveness in this sphere.

Our regulatory competitiveness is also visible in the various legislative initiatives undertaken

by Parliament, including the recent amendments made to the Trust and Trustees Act and the introduction of the concept of family trusts. Also worth mentioning are the proposed amendments to the Patents Act, which are aimed at encouraging and sustaining the Maltese pharmaceutical industry.

We must ensure the right balance between, on the one hand, guaranteeing that foreign investment is genuine and, on the other hand, removing unnecessary delays that serve only to hinder trade and investment.

Yes, we have already had clients for whom we submitted applications under the programme and can therefore pride ourselves of both expertise and tangible experience in this sector. A number of our clients have already obtained their Maltese residence permit under the programme.

What are your views on the recently introduced ‘Individual Investor Programme’ (IIP)?

The IIP is an apt initiative taken by the Maltese Government aimed at attracting high profile individuals and their business interests to Malta’s shores. Subject to a rigorous due diligence, the programme is designed to allow for the granting of Maltese Citizenship via a three

What sets WDM International apart?

“Creating Value through Focused Excellence’ is our mission statement and we take it to heart and consistently strive to be more efficient, to deliver high quality work and to exceed our clients’ expectations. We ensure that our staff is continuously trained in various areas of expertise to keep abreast with an ever-changing regulatory landscape. We pride ourselves in offering a client centric and personalized service, which we find to be of crucial importance, particularly in our Private Clients practice. Our firm offers a full package of services to our esteemed clientele ranging from international tax planning and licensing for regulated business to aircraft and yacht registration.

Through WDM Trustees, a company duly licensed by the Malta Financial Services Authority under the Trusts and Trustees Act, we can also provide trustee and co-trustee services, as well as administrator services in the context of private foundations.

LIVING LAW

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J

FILM REVIEW

ulia Roberts stars in this intriguing legal drama, as Erin Brockovich. Based on a true story, we see a woman down on her luck, and struggling to get through each passing day. She’s low on money, can’t find a job, and is involved in a car accident. In a similar theme, her lawsuit against the other driver leads to nothing. But, it seems, her luck does improve somewhat, once she lands a job as a file clerk at her lawyer’s firm, after some humorous pleading. On top of this, sparks seem to ignite with her new biker neighbour, George (Aaron Eckhart) and he happily takes on baby-sitting duties for Erin’s three children whilst she is working. Whilst perusing through some files at work, she notices one case against the Pacific Gas and Electric company, but can’t make much sense out of the information provided. Perplexed by the case, she is granted permission to investigate further. Through tireless research, she manages to unravel a cover-up story regarding the town of Hinkley’s poisoned water supply, which has put the entire community in danger for decades. This eventually leads to the largest ever settlement paid in a direct-action lawsuit, in U.S history.

FILMS WITH A LEGAL TWIST

Erin Brockovich I have to commend Julia Roberts on her portrayal of Erin Brockovich, as she commits so much to become the character and manages to play her so naturally. She is feisty and tough, but still convinces in displaying real empathy for the affected people she is trying to help. With such a strong lead actress, coupled with an interesting plot, it is hard not to be

enthralled by the case. However, as the evidence against Pacific Gas and Electric begins to build up, you can already predict the outcome of the case within the first hour of the film. Unfortunately, this makes it a little less satisfying when the underdog finally does succeed.

Overall, Erin Brockovich is a very enjoyable, feel-good film that combines intelligent writing with pinches of humour. While the plot is very predictable, it did not diminish my interest in seeing the resolution of the legal case.

I would recommend watching Erin Brockovich.

JOE SQUIRE

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Do the right thing after a traffic accident

W

ith the increased traffic congestion now that summer is over and everyone is back to their normal routine, it is not entirely unlikely that one may be found angered and exasperated over a crumpled bumper or a busted taillight after being involved in a traffic accident!

Whilst for most collisions it is generally easy and straight forward to determine who is to blame, many traffic accidents end up in disputes due to disagreement between the drivers involved. These disputes often end up in court or going

to arbitration.

To prove that one is not to blame, it is essential to establish the facts of the case which facts must be proved by means of the best possible evidence. Undoubtedly, the moments after an accident may be overwhelming and confusing yet there are certain key actions one must take: Reporting the accident If the accident is a front-to-rear collision, complete a front-to-rear accident report form signed by both drivers. For other collisions, immediately call the local wardens

20 LIVING LAW

even if the other party insists not to do so; if there are injuries, call the police instead of the wardens. The investigating officer will document all evidence collated on site. In their absence, it becomes a situation of your word against the other.

Accurate written statements from drivers Investigating officers must be given clear and unequivocal statements on how the accident occurred and any contributing circumstances.

Consequently, it is essential for drivers and witnesses to provide all details relating to the dynamics of the accident, even if such details are not asked for by the investigating officer.

Prior to signing any document, it is crucial to read what has been reported carefully so as to ensure that you are in agreement. Our courts rely substantially on these statements since one is in a much better position to indicate all details a few minutes after the collision rather than months or possibly years later.

Take photos and videos The importance of visual evidence cannot be emphasized enough.

Take as many photos and video footage as possible showing the position of the vehicles before these are moved to the side. Their resting position after impact generally provides insight on the dynamics of the accident. Also take photos of any signage or other factors which may have a bearing on who is to blame. It is crucial to capture the scene of the accident there and then.

Witness statements Following the incident, it is very important to get hold of details of any witnesses, particularly those who have no relation to the drivers involved. Such witnesses may prove to be crucial to establish blame in any eventual proceedings.

Do not leave the scene of the accident Never leave the scene of the accident as, apart from giving the impression that you are to blame, it is a criminal offence.

By doing the right thing after being involved in a traffic accident when you are genuinely not to blame, there is a much greater chance of proving your version of events thus resulting in a positive outcome.

Atlas Insurance PCC Limited has been in the business of providing excellent motor insurance packages and quotes on private cars, commercial vehicles and motorcycles to customers across Malta and Gozo. Our aim throughout these past years has been to be closer to our customers through a well spread branch network as well as our ever increasing on-line services.

Responding to our customers’ needs is what keeps us as one of the leaders in the motor insurance industry in Malta. Atlas Insurance PCC Limited is licensed and regulated by the Malta Financial Services Authority.

LIFESTYLE

Life is for Eating!

Pan fried fillet of hake, oyster mushroom sauté, shrimps & cucumber Serves 4

Method In a sauté pan over medium heat, melt 1 tbsp of butter and sweat the onion for 2 minutes. Turn on high heat and add the sliced mushrooms together with the garlic and wine, reduce liquid by half. Put the sautéed mushroom in a bowl on the side.

For the fish 4 Hake fillets 3 tbsp unsalted butter 4 squeezes of lemon juice 100g oyster mushrooms, or button mushrooms 100ml dry white wine 1 onion & 1 garlic clove, peeled & sliced For the shrimps & cucumber 1 tbsp unsalted butter ½ cucumber, peeled, deseeded & sliced 250g shrimps Fresh lemon juice& zest Baby spinach Fresh dill, coriander & garden cress

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In the same pan, add another tbsp of butter over medium high heat and add the hake fillets, sauté on both sides for about 3 minutes. Season them well with salt and pepper, and fresh lemon juice.

Put the shrimps with butter in a small saucepan and warm them gently over low heat until the butter is completely melted. Finely chop the dill and add to shrimps with the cucumber, lemon juice, zest and season with salt and freshly ground pepper. It’s vital that the prawns are only warmed through and no further!

Heat up the sautéed mushrooms, place a spoonful of the shrimp mixture in the middle of each plate, topped with baby spinach and the hake fillet on top. Arrange the sautéed mushrooms around the plate, and drizzle with the buttery sauce. Garnish with fresh coriander and garden cress.

Glenn Bugeja has over 15 years experience working within the five star hotel industry in Malta.

His determination and positive attitude motivate him to work in the finest restaurants in Switzerland and Belgium.

Glenn is a personal/private chef

LIFESTYLE

Individual Pavlova with summer berries, cream & raspberry coulis Makes 6/8 individual Pavlovas For the Meringue 3 medium egg whites 6 drops of lemon juice 100g caster sugar 75g icing sugar For the Coulis 250g raspberries 30g caster sugar For the fruit 150g each; raspberries & strawberries 50g each; blackberries, blueberries & redcurrants 20g caster sugar, sqeeze of lemon juice For the cream 300ml double cream 50g caster sugar 125ml Muscat wine (or any sweet wine) 1 lemon juice and zest

Method To make meringues, preheat oven to 120C째. Prepare baking tray with a baking parchment, draw 6 small circles, turn the paper over.

Using an electric mixer on maximum speed, whisk the egg whites with lemon juice until you have soft peaks. Slowly add the caster sugar while continue whisking for another 3 minutes; the meringue will now be shiny, smooth and stiff. With your hands, using a spatula, fold in the icing sugar little by little.This should take 2 minutes. Put the meringue in a plastic bag, and start piping onto the circles on the baking parchment filling the whole bottom, and continue piping twice around the edge, to make a nice round basket.

Dust with icing sugar and cook them for 2 hours.

For the fruit, in a bowl, mix the washed berries with sugar and lemon juice, leave to macerate for 30minutes.

For the coulis, puree the raspberries and sugar toghether in blender, then pass through a fine sieve to remove seeds.

For the cream, whisk up everything till soft peaks.

To serve, place the cooled meringue on each plate, spoon the middle with cream and top with the berries and their juices.

Trickle the raspberry coulis over the fruit.

Variations, you can use any other summer fruits insted of the berries like cooked cherries, plums, peaches, etc. Vanilla ice cream on the side is an excellent choice as well insted of using cream!

LIFESTYLE

Life is for Living!

VANIA GOSHE Painter

V

ania Goshe was born in 1976 and grew up in Chirpan, South East, Bulgaria, where she showed an early interest and talent for Art. She furthered her studies at the new Bulgarian University in Sofia graduating in cinema, television and advertising. At the same time she was actively pursuing her artistic interests by attending classes in drawing and painting. After leaving university, she worked as a videographer in television and as cameraperson for international film companies.

Vania’s Solo Exhibition "Aspects of Beauty"

uglier realities of life. She strives to lift their spirits and to instill a sense of optimism by portraying harmonious and colourful compositions as well as to accentuate the positive through the use of colour and aesthetically pleasing arrangements of shapes and forms.

In her spare time, she began to take part in joint and solo art exhibitions as well as accepting commissions.

Since settling in Malta in 2008, she has been working as a freelance artist and participating in numerous exhibitions, local festivals and events.

Although she works in a variety of media and materials, she prefers acrylics and pastels. She finds that these suit her style and method of working. Pastels give softer tones and lend themselves perfectly for creating very subtle gradations of colour necessary in portraiture to achieve a realistic and natural result. For other subjects they can be used successfully on a white or black background to enhance the effect.

Acrylics, on the other hand, with their more vibrant colours are particularly suited to her abstract work. She favours the brighter end

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She finds that landscapes lend themselves to both media depending on the intended mood and effect desired.

She finds inspiration in many aspects of Maltese life and culture with its wealth and variety of traditions and activities. She is particularly attracted to the predominance of the Mediterranean sun on the sea as well as the creamy limestone architecture, changing its attractive shades at different times of day. This came as a somewhat unexpected, but welcome, revelation after having grown up in the extremes of a continental climate and since coming to live in Malta has given a new dimension to her work.

Her mission is to help viewers to escape for a few moments from some of the harsher and

Email: vaniagoshe@yahoo.com Website: www.vaniagoshe.com Contact Nos: 00356 99064348

Painting on site at San Anton Gardens

of the spectrum which reflects her optimistic and energetic approach to life and art. She likes to use acrylics with other materials to create 3D effects in collages especially on subjects which combine realism and fantasy.

CIVIL

Buying & Selling Immovable Property in Malta Who can buy and sell property in Malta?

Any Maltese resident over the age of eighteen (18) years can freely buy or sell immovable property in Malta at a price which he thinks is its market value. A person may either be a natural person or a legal person (a company).

This freedom of buying and selling is regulated by certain formalities, taxes, procedures and special permits.

A person who is a resident of a European Member State other than Malta may still buy immovable property in Malta and benefit from any tax reduction and/or exemption as long as he declares in the contract that it shall serve as his primary residence.

A person who is a resident of a country other than Malta and not being a European Member State may buy one (1) single immovable property in Malta after obtaining a special permit for such purpose called the Acquisition of Immovable Property (by non-residents), in short the A.I.P permit), which permit has to be issued by the Minister of Finance. This A.I.P permit would not be needed if the immovable property to be bought falls within a Special Designated Area in Malta.

THE PROMISE OF SALE AGREEMENT:

Which is the first legal document to be signed that binds both the buyer and the seller to appear on the actual final contract of sale?

The first legal document that binds both parties is the Promise of Sale Agreement (in Maltese known as the ‘Konvenju’).

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It is important to know that the promise of sale agreement has to be signed before a Notary Public or a Lawyer who acts as a witness to that agreement. However, the final contract of sale can only be done through the publication of a public deed by a Notary Public in Malta.

What should the Seller and the Buyer present on the promise of Sale Agreement?

Both parties should present their Identity cards or their Passports or any other official document for personal identification. If one of the parties is a legal person, that is, a company, the person representing that company should present the Memorandum and Articles of Association of that company.

The Seller should also present the contract of acquisition of the property in question and if the property was inherited he should present the documents confirming the inheritance, such as the will/ testament and certificate of death.

What should the Promise of Sale Agreement contain?

The Promise of Sale Agreement should contain: the date when the agreement is signed by the parties, the details of both the buyer/s and the seller/s, the exact description of the immovable property to be sold, the purchase price, the amount of money being transferred to the seller on the agreement as a deposit on account of the price which usually amounts to 10% of the purchase price, any other terms and conditions agreed upon by the parties, the validity period of the Promise of Sale Agreement, the amount of Provisional Duty that the buyer transfers unto the Notary/ Lawyer on the Promise of Sale

CIVIL

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Agreement for the agreement to be duly registered with the Department of Inland Revenue, the consent of both parties for the Notary/Lawyer to actually register the Promise of Sale Agreement with the Department of Inland Revenue, and the signatures of both the buyer/s and seller/s on each page of the Promise of Sale Agreement.

Should any tax be paid on the Promise of Sale Agreement?

On the Promise of Sale agreement one per cent (1%) provisional duty on account of the Duty on Documents and Transfers that has to be paid on the final deed of sale should be paid by the buyer. This 1% provisional tax should be presented at the Department of Inland Revenue by the Notary/Lawyer for the Promise of Sale Agreement to be duly registered at the Department, and the receipt and notification thereof should be received by the buyer, the seller and the Notary/lawyer.

The seller does not pay any tax at this stage of the Promise of Sale Agreement.

The Notary/Lawyer witness to the Promise of Sale Agreement has 21 days from the date of signing the agreement to register it with the Department of Inland Revenue and this, by presenting a true copy of the actual agreement, the Schedule duly filled in and signed and the 1% provisional duty.

DR. ELSA CARDONA NOTARY PUBLIC

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THE LAW IS AN ASS

Adding insult to injury F Our Constitution (the highest law of the land, if you please), states that ; “no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority...”

or months if not years, the organisation Up in Arms has been using this, and other similar provisions to justify their claim against the discriminatory practice of charging higher water and electricity rates for non-Maltese residents.

The organisation also claims that this practice hinders its’ members right to freedom of movement within the European Union.

It appears that finally this matter is being addressed, with recent media reports stating that ARMS will be taking action to resolve this matter.

In the meantime, however, some of these non-Maltese residents have accumulated hefty bills, amounting to up to 45% more of what a Maltese national would be required to pay for water and electricity consumption. Those who have accumulated these ‘unfair’ bills, and who are having trouble keeping up with them ( or simply refuse to pay as a matter of principle) are faced with legal action, sometimes even having their assets frozen … and all because they were discriminated against in the first place!

The organisation Up in Arms has launched an online petition calling upon the authorities for an immediate solution to the matter – change.org/petitions/ eu-cmmission-stop-thediscrimination-of-eu-nationals-inmalta.

In the meantime, Up in Arms has set up a Facebook Group for those with valid claims against ARMS Ltd – their aim is to support and advise anyone who requires help www.facebook.com/ groups/315158645273449/

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VOX POP

‘What are the criteria which you take into consideration

when hiring a lawyer?’

Vox Pop 1

Vox Pop 2

Kris Rycken MD at Rolling Geeks

Stephanie Falzon Company Director

There are a lot of good lawyers out there, but the most important thing for me is that he/she has the patience to listen before coming up with possible courses of action available and that there's a good communication throughout the whole process. It might sound obvious, but unfortunately in my experience with lawyers, I find this to be very hard to find.

Thankfully, I have not needed the services of many lawyers in my life, but that is not to say that I will not in the future. I think that choosing a lawyer will firstly depend on why we need a lawyer. It is no use going to a divorce lawyer when you need a criminal lawyer.

Vox Pop 3 Vox Pop 4 Marcus Muscat Baron Engineer, Manager

Julianne Grima Psychotherapist

In essence while choosing a lawyer one would base his decision primarily on the person’s expertise and specialisation within the field of legal interest. Additionally, one would ask friends within the legal sector what their personal opinion may be with regards to the lawyer’s capabilities in relation to the issue at hand but essentially the main deciding factor would be meeting up with the lawyer to discuss the matter in detail. In this discussion, one may thus asses the lawyer’s aptitudes to one’s legal issues and understand how he may tackle the case accordingly. Many a time, it would simply boil down to one’s gut feeling, in that the approach of your legal counsellor would appease one’s concerns with regards to your legal situation.

The idea of hiring a lawyer can be quite daunting, primarily because there are just so many criteria to take into consideration.

For starters I want a lawyer who is an expert in the field within which my problems are embedded. Now, I consider myself a confident and assertive woman, that means that what I am looking for in a lawyer is not only someone who knows their stuff but a person whose balls are even bigger than mine.

That said, it is imperative that my lawyer does give me the time of day, does not rush me in and out of their office and does not make me feel like an obsessive paranoid woman for asking all my questions.

Ideally my Lawyer will be a woman and a mother, someone who is accustomed to multi-tasking, excels at time management, is a tigress in her field and a nurturer with me, because if I’m going to a lawyer, I’m not in a good place.

The key issue being, is it acceptable within the Legal Community that a client turns down one lawyer to appeal for the services of another?

In Malta, being the size that we are, there is definitely someone in the family who is either a lawyer or a notary or married to one. Perhaps you have a member of your family who works in a lawyer’s firm. I would ask for advice and once a name is recommended, I would google the name and try and find out as much as possible about him/her and the work he/she does. How many cases has he/she had? Have they been successful? What kind of reputation does he/she have? Does he/she show the same principles and moral values that guide me in my life and work?

Hiring a lawyer is never a pleasant thing but sometimes we have no other choice in life but to ask for justice from the courts and to do that, we need the services of a good lawyer!

LIVING LAW

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