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ARTICLE · 20 MARCH 2026

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When The Courtroom Becomes A Battlefield: Fighting Vexatious Litigation In Malta

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Some litigants go to court to vindicate a right; others go to wear an opponent down. In Malta, defendants on the receiving end of such tactics are not entirely defenceless. The Civil Code lets them counterattack with a claim for compensation for abusus iuris – the abuse of legal process.

MaltaLitigation, Mediation & Arbitration
Davinia Cutajar
Davinia Cutajar
Rachel Grixti
Rachel Grixti
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Some litigants go to court to vindicate a right; others go to wear an opponent down. In Malta, defendants on the receiving end of such tactics are not entirely defenceless. The Civil Code lets them counterattack with a claim for compensation for abusus iuris – the abuse of legal process. Yet the remedy is demanding: winning the main case is not enough; the counterclaimant must prove fault and show damage with something close to a surgeon’s precision.

The Legal Framework

The route runs through the Civil Code’s version of Aquilian liability, which treats misuse of the courts as a tort. Two provisions apply:

  • Article 1031: establishes that every person is liable for damage caused through their fault.

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