Legal Letter, Judicial Letter Or Article 166A Letter? Understanding The Difference

In Maltese legal practice, the expressions legal letter, judicial letter and sworn judicial letter under Article 166A are sometimes used interchangeably in everyday conversation. Legally and procedurally, however, they are distinct instruments each serving a different purpose and producing different legal effects. The appropriate course depends on whether the sender merely intends to communicate a demand, formally safeguard or enforce legal rights, or obtain an executive title without instituting ordinary court proceedings.

A legal letter is ordinarily a private letter sent by a lawyer on behalf of a client.

 It may set out the client’s position, demand payment or the performance of an obligation, place the recipient on notice of an alleged breach, and seek to resolve the matter amicably. Although it may subsequently be produced as evidence, it is neither filed in court nor formally served through the judicial system. Nor does it acquire the status of a judicial act or an