From the Bench: What is an interim measure and when is it ordered?

An interim measure is an urgent measure requested before the Civil Court, First Hall in its Constitutional Jurisdiction to temporarily suspend an action by which a person would otherwise face a real risk of serious and irreversible harm.

This measure was analysed in detail in a judgement delivered on November 10, 2022 by the Civil Court, First Hall in its Constitutional Jurisdiction in the names Phoenix Payments Limited v Financial Intelligence Analysis Unit (FIAU).

Phoenix Payments Limited requested the court to order an interim measure on the FIAU, to remove a notice published on the Unit’s website indicating an administrative penalty issued on the company.

The administrative penalty by the FIAU on Phoenix Payments Limited was issued in terms of the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta and the Prevention of Money Laundering and Funding of Terrorism Regulations, Subsidiary Legislation 373.01 of the Laws of Malta.

What the law states

Article 13 of the Prevention of Money Laundering Act gives the power to the FIAU to issue administrative penalties whenever a subject person both natural and legal, breaches or fails to comply with any rules,...