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When a company liquidation doesn't proceed as expected, creditors and contributories have legal recourse. Article 243 of Malta's Companies Act provides mechanisms to challenge a liquidator's conduct, ensuring accountability through court supervision and oversight by the Registrar of Companies.

Act XXXI of 2019, enacted on the 6th of December 2019, effected several amendments to the procedure of execution of the ‘Warrant of Arrest of Sea Vessels'

When a company enters court-supervised liquidation in Malta, all ongoing litigation involving that entity comes to an abrupt halt. Under the Companies Act, creditors and claimants must redirect their claims through...

Under Maltese company law, creditors holding at least one-fourth of a company's debt value have the statutory right to request a meeting to potentially replace the Official Receiver as liquidator. This mechanism provides creditors with meaningful influence over the liquidation process, particularly when specialized expertise or a different approach to asset recovery is needed.

The Registrar of the Court has issued a press release dated 16 March 2020 announcing exceptional measures that the Court has put in place.

In 2006, our Code of Organisation and Civil Procedure underwent a radical shake up when it came to laws governing the jurisdiction of our courts in rem, arrest of ships and enforcement mechanisms.

A Maltese court has ruled that BNF Bank plc can enforce its pre-existing security rights over property subject to a seizing and freezing order, marking the first instance where the Civil Court (Asset Recovery Section) released assets to protect a bona fide secured creditor. The judgment establishes that banking institutions holding legitimate security interests acquired in good faith are not automatically overridden by asset recovery measures.

Certain provisions of the Code of Organisation and Civil Procedure, Chapter 12 of the laws of Malta ("COCP") have recently been amended by means of Act XXXII of 2021 (the "Act").

On the 8th of May 2024 following an action for annulment by German credit institution Max Heinr. Sutor OHG ("The Applicant"), the General Court annulled a decision...

With effect from 1 October 2026, specific Family Court Proceedings Regulations, enacted by virtue of Regulation 216 of 2026, have come into effect, hence replacing the previous procedural regime. The aim of the new Regulations is to establish a more structured framework for family proceedings. The main novelties are, emphasis on early disclosure of financials and proposals, imposition of mediation timelines, structured representation of children, and multi-disciplinary support for the parties, minors and third parties involved in the process.

A recent Court of Justice of the European Union ruling clarifies how courts may assess enforcement risks in cross-border disputes, particularly when creditors face legislative barriers in the debtor's jurisdiction. The judgment addresses whether past conduct and national laws impeding enforcement can be considered when evaluating applications for European Account Preservation Orders.

Maltese legal practice employs three distinct instruments—legal letters, judicial letters, and sworn judicial letters under Article 166A—each serving different purposes and producing different legal effects. Understanding when to use each instrument requires careful assessment of the claim's nature, value, and whether formal court proceedings or executive enforcement is necessary. The choice between these tools can determine whether a creditor obtains an executive title without litigation or mus

On the 10 May 2023, the Court of Appeal in its Inferior Jurisdiction, presided by the Honourable Judge Mr. Mark Chetcuti, in the names Malta Boatmen & Mooring Services Co-Op Limited...

In a rare decree, the Maltese Courts have denied a demand for a warrant of prohibitory injunction due to the absence of a real connecting link with Malta.

The Maltese First Hall of the Civil Court has delivered a significant judgment affirming its in rem jurisdiction over an abandoned yacht, establishing that maritime service providers can pursue claims directly against vessels for unpaid storage and maintenance fees. The case clarifies the practical application of Article 742B of Malta's Code of Organization and Civil Procedure, demonstrating how courts can enforce payment...

The movie industry has been exploiting the concepts of client-attorney privilege, confidentiality and professional secrecy with great abandon for decades.

Following the Closure of Courts Order, LN 141 was published laying down general provisions that apply to the suspension of legal and judicial times.

The request for a preliminary ruling was made in criminal proceedings by the Public Prosecutor, Denmark against a Danish limited liability company, VAS Shipping ApS.