In its judgement delivered on the 15 July 2021 in the names
of Carabott Joan v. Savina Dental Clinic et, the First Hall of the
Civil Court, presided over by Mr. Justice Toni Abela, considered
the implications of the privilegium fori set out under Maltese
procedural law.
In brief, the pertinent facts of the case are as follows.
Background
Via sworn application tabled on the 23 December 2020, the
plaintiff established that she had engaged the defendants'
services to carry out a number of dental interventions consisting
primarily in the implantation of dental implants over a number of
scheduled appointments. The plaintiff alleged that following these
dental interventions, she had been left in considerable discomfort
and pain, and that she had suffered a permanent disability owing to
the damage which had been caused to her teeth. Pursuant to this
allegation, the plaintiff contended that she had suffered both
damnum emergens (i.e. actual losses incurred –
