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  • Article

    Third Party, No Party: How A Decade Of Litigation Ended On A Question Of Standing

    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...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Property Law Actions – Enforcing Property Ownership Rights [Part 1/2]

    This is the first part of a 2-part series on property law actions emanating from civil law in respect to the notions of ownership and possession. Ownership and possession are two distinct notions...
    MaltaReal Estate and Construction
    GTG Legal
    GTG Legal
  • Article

    Latent Defects And The Actio Aestimatoria

    In the case George Borg Marks and Joan Borg Marks (the "Plaintiffs") vs. Yolo Properties Limited (the "Defendant"), Honourable Judge Audrey Demicoli examined the notion of latent defects...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Request For The Revocation Of A Precautionary Act

    In the case Turnkey Limited (C 55175) (the "Plaintiff") vs. Francesco Ruggieri (the "Defendant"), the First Hall Civil Court (the "Court"), presided over by Honourable Judge Audrey Demicoli...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The ‘actio Surrogatoria’ In Maltese Law: Rights, Remedies And Procedural Requirements

    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.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    Balancing Responsibility Under The Bill Of Lading: Evergreen Marine (UK) Ltd v. Noel Cefai Et

    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...
    MaltaTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    The Burden Of Proof In The ‘actio Rei Vindicatoria’: Recent Clarifications By The Court Of Appeal

    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.
    MaltaReal Estate and Construction
    Ganado Advocates
    Ganado Advocates
  • Article

    Interdiction, Incapacitation And Guardianship Under Maltese Law

    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")...
    MaltaLitigation, Mediation & Arbitration
    GTG Legal
    GTG Legal
  • Article

    COVID-19 Pandemic Not A Lawful Excuse For Justifying Contumacy

    The First Hall Civil Court (the "Court") presided by Mr Justice Neville Camilleri on the 6 July 2022, in the case "Kunsill Malti għax-Xjenza u t-Teknoloġija vs. Access UK Limited" held...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    When Consent Isn't Consent: First Hall Civil Court Declares Contract Void Due To Fraud

    In a recent judgment delivered on 3 October 2025, the First Hall Civil Court (the "FHCC") presided by Madame Justice Audrey Demicoli examined what makes a contract invalid due to error or fraud.
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    Artificial Intelligence: Some Of The Challenges Ahead

    Reference to Artificial Intelligence ('AI') is likely to bring to mind dystopian pictures of a robot apocalypse as depicted in films such as iRobot or The Matrix or to spark debates ...
    MaltaStrategy
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Protection Of Adults In Situations Of Vulnerability | Part 3: From Guardianship To Personal Autonomy

    Malta's 2026 reforms replace the traditional guardianship framework with a modern system of personal autonomy safeguards and support persons. How does this legislative transformation balance the protection of vulnerable adults with respect for individual autonomy, and what mechanisms ensure that support arrangements remain proportionate to each person's circumstances?
    MaltaLitigation, Mediation & Arbitration
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Service Of Process, Default, And The Actio Manutentionis

    In its judgment delivered on the 27 November 2025, in the names of Raymond Agius v. Szymon Konrad Kuchta, the First Hall Civil Court, presided over by Madame Justice Dr Joanne Vella Cuschieri, considered the elements of the ‘Actio Manutentionis'.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The Right To A Fair Trial Does Not Only Apply To Criminal Proceedings But Also To Proceedings Determining Civil Rights And Obligations

    Fair Trials are the only ways to safeguard and prevent any miscarriages of justice. Every person that is accused of a criminal offence should have their guilt or otherwise determined by a fair and effective legal process.
    European UnionLitigation, Mediation & Arbitration
    GTG Legal
    GTG Legal
  • Article

    Protection Of Adults In Situations Of Vulnerability | Part 2: From Investigation To Court Order

    This article examines the operational framework of Malta's Protection of Adults in Situations of Vulnerability Act, detailing the investigative process triggered by reports of concern, the range of assistance and protective measures available, and the judicial procedures through which intervention orders may be obtained, reviewed and enforced.
    MaltaCorporate/Commercial Law
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Marine Casualties, Investigations And Liabilities In Malta: AIJA TLLC Cross-border Questionnaire

    Malta's comprehensive maritime legal framework governs marine casualties through domestic legislation and international conventions, establishing clear protocols for investigations, liability determinations, and wreck removal. Understanding the interplay between the Merchant Shipping Act, international conventions like SOLAS and the Nairobi Wreck Removal Convention, and Malta's unique position as a major flag state is essential for shipowners, P&I clubs, and maritime practitioners navigating casualty respon
    MaltaTransport
    Ganado Advocates
    Ganado Advocates
  • Article

    Global Attorney-Client Privilege Guide

    This overview is provided by Ganado, the Lex Mundi member firm for Malta.
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates
  • Article

    The Protection Of Depositors In The Event Of A Bank Failure

    The European legislator has always been aware of the crucial importance of financial stability and of maintaining a high level of confidence in the financial markets.
    European UnionFinance and Banking
    GVZH Advocates
    GVZH Advocates
  • Article

    Litigation In Malta

    The Maltese legal system has developed into a mixed legal system. In private law matters it is largely a jurisdiction based on the civil law tradition...
    MaltaLitigation, Mediation & Arbitration
    Ganado Advocates
    Ganado Advocates

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