All Posts By

Jonathan Abela Fiorentino

Statue of scale of justice with background of lawyer
What happens to Court Cases once a Company is ordered into Liquidation? Corporate and M&ALitigation & Dispute Resolution

What happens to Court Cases once a Company is ordered into Liquidation?

Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Once a company is officially placed into liquidation by a court order, any ongoing court cases involving the company, whether filed by it or against it, may no longer proceed in the usual way. Under the Companies Act, no legal proceedings may be continued or commenced against the company…
Kristen Camilleri and Jonathan Abela Fiorentino
13th May 2026
Can a Legal Action be Paused Once a Company is Being Wound Up? Litigation & Dispute Resolution

Can a Legal Action be Paused Once a Company is Being Wound Up?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. When a winding up application is filed before the Maltese courts, the company in question does not instantly enter liquidation. However, certain legal protections may immediately come into play, including the possibility of pausing other court…
Kristen Camilleri and Jonathan Abela Fiorentino
15th April 2026
A New Era for Commercial Disputes: Malta Revives the Commercial Court Litigation & Dispute Resolution

A New Era for Commercial Disputes: Malta Revives the Commercial Court

Malta has taken a significant step towards a more specialised framework for commercial dispute resolution with the enactment of Act No. IV of 2026 on 17 March 2026, formally paving the way for the re-establishment of a dedicated Commercial Court. This marks an important development in the handling of complex business disputes. The Commercial Court will form part of the superior courts and will be presided over by a single judge. It shall be given broad jurisdiction over commercial matters, including disputes arising under the Commercial Code, the Companies Act and the Competition Act, as well as cases concerning merchant…
Kristen Camilleri and Jonathan Abela Fiorentino
24th March 2026
Is court involvement needed to wind up a company? If so, when and why? Corporate and M&ALitigation & Dispute Resolution

Is court involvement needed to wind up a company? If so, when and why?

This article is the first of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Introduction While there are various grounds upon which a company may be dissolved, dissolution has traditionally involved some form of court supervision, whether voluntary or compulsory, with limited exceptions. Article 214 of the Companies Act,…
Kristen Camilleri and Jonathan Abela Fiorentino
18th March 2026
Commercial Court’s Landmark Decision: Redefining Impracticability in Corporate Governance Corporate and M&ALitigation & Dispute Resolution

Commercial Court’s Landmark Decision: Redefining Impracticability in Corporate Governance

In the case 44/2023/ISB delivered on 6th October 2023, the applicant, a majority shareholder in a company requested the Civil Court (Commercial Section) to fix a date for an extraordinary general meeting of the company under Art 132(1) of the Companies Act in an attempt to remove two directors from the Board of Directors without adequately proposing replacements. Such a move could push the company into a precarious state of regulatory non-compliance, endangering its very existence as it may lose its operational license. These consequences also undermine the minority shareholder’s decade long commitment which contributed to the company’s consistent profitability,…
Kristen Camilleri and Jonathan Abela Fiorentino
11th October 2023
Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
No Retrial Possible from a Liquidation Order Litigation & Dispute Resolution

No Retrial Possible from a Liquidation Order

In a landmark decision delivered on the 11th January 2023, in the names ‘Av. Jonathan Abela Fiorentino noe vs Eolia Limited’ (case no. 68/2022 ISB), the Civil Court (Commercial Section) rejected the application filed by defendant company demanding the Court to order a retrial of the liquidation proceedings that led to the company being placed into liquidation. This decision constitutes the first occasion on which the Court pronounced itself on this specific legal matter, since the issue was previously untested. By means of a liquidation order issued by the same court on 11th March 2022, the Court placed the defendant…
Jonathan Abela Fiorentino
24th January 2023