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The Court of Justice of the European Union has issued a landmark ruling on jurisdictional rules for baggage loss claims arising from online flight bookings. The judgment addresses whether a passenger's home location, where an airline ticket was purchased online, can establish court jurisdiction under the Montreal Convention, and confirms that the Convention's jurisdictional framework applies to certain domestic flights within EU Member States through Council Regulation (EC) No 2027/97.

In a judgement of the Court of Justice (Fifth Chamber) (the "Court") of 16 March 2023, C-351/21 in connection with a reference for a preliminary ruling, the Court dealt with the extent...

One of the key pillars of any democratic society is that all persons have access to the justice system. However, one of the most often overlooked yet critical cogs in the judicial process is service...

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

The Ministry of Justice and the Ministry for Social Policy and Children's rights launched a Public Consultation on reforms to Maltese Family Courts.1 This consultation includes nine recommendations aimed.

On 16 April 2026, the Court of Justice of the European Union (“CJEU” or the “Court”) issued its judgment in Case C-440/23, European Lotto and Betting and Deutsche Lotto und Sportwetten...

In Part 1 of this series, we examined the broader objectives underpinning the Family Court Proceedings Regulations, including the enhanced role of mediators, the introduction of Support Persons, and the strengthened safeguards aimed at protecting the best interests of children and supporting families throughout judicial proceedings.

Article 469A COCP, on the other hand, provides the procedure for the judicial review of administrative actions.

In cross-border transactions, it is increasingly common for non-local parties to a contract to appoint a process agent, often referred to as an agent for the service of process...

In April of 2010, Mr. Roland Darmanin Kissaun (the “Plaintiff”) was approached by a certain Thomas Knott, who was acting as the agent for Turkish shipbuilder MTH Yatcilik Sanayi Ve Ticaret...

On 26 September 2024, the First Hall of the Civil Court delivered judgement on the case Malta Fishing Trading Limited (C 59493) (the "Plaintiff") vs Al Safa Fishing Joint Stock (the "Defendant")...

A Maltese court examines the strict requirements and time limits governing claims for latent defects in movable property sales, clarifying when buyers can seek rescission and restitution of purchase price under the actio redhibitoria remedy.

In a judgment delivered by the Criminal Court (per Madam Justice Consuelo Scerri Herrera) on 23 September, 2021 in the names Ir-Repubblika ta' Malta vs X and Y...

The actio surrogatoria, codified in Article 1143 of Malta's Civil Code, allows creditors to exercise rights belonging to their debtors when those debtors fail to act. A recent Court of Magistrates judgment examines the essential elements required for this action, including whether the principal debtor must be joined as a party to proceedings, and establishes six key requirements that creditors must satisfy to successfully pursue claims on behalf of their debtors.

The Maltese Court of Appeal has delivered a significant judgment addressing the scope of shipper liability under bills of lading, the interpretation of the term "Merchant" in shipping contracts...

The Court of Appeal has revisited the essential elements of the actio rei vindicatoria, clarifying the burden of proof required to establish ownership in property disputes.

Malta has reintroduced a dedicated Commercial Court through Act No. IV of 2026, building on Bill 133 of 2025. This reform separates complex commercial disputes from the general civil courts...

The notions of "interdiction" and "incapacitation" are governed by Article 189 of the Civil Code and Articles 520-527 of the Code of Organisation and Civil Procedure ("COCP")...