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Maria-Lisa Buttigieg

Protection of Adults in Situations of Vulnerability | Part 3: From Guardianship to Personal Autonomy Litigation & Dispute Resolution

Protection of Adults in Situations of Vulnerability | Part 3: From Guardianship to Personal Autonomy

Introduction This is the final instalment of our three-part series examining Malta’s 2026 reforms relating to the protection of adults in situations of vulnerability and the promotion of personal autonomy. In Part 1, we introduced the Protection of Adults in Situations of Vulnerability Act (Chapter 659 of the Laws of Malta), outlining its objectives, guiding principles and institutional framework. Part 2 examined how that framework operates in practice, from the reporting and investigation of concerns through to the implementation and review of protective measures. This article turns to the companion legislation, the Various Laws (Personal Autonomy) (Amendment) Act, 2026 (Act…
Maria-Lisa Buttigieg and Saskia Cassingena
19th August 2026
Protection of Adults in Situations of Vulnerability | Part 2: From Investigation to Court Order Litigation & Dispute Resolution

Protection of Adults in Situations of Vulnerability | Part 2: From Investigation to Court Order

Introduction In the first part of this series, we examined the Protection of Adults in Situations of Vulnerability Act (Chapter 659 of the Laws of Malta) (“the Act”), focusing on the objectives of the legislation, the adults it seeks to protect and the institutional framework established to support its operation. This second article considers how the framework operates once concerns are reported. It examines the investigative process, the assistance and protective measures available under the Act, and the procedures through which they may be ordered, reviewed and enforced. From Report to Investigation Once a report is received under the Act,…
Maria-Lisa Buttigieg and Saskia Cassingena
10th August 2026
Protection of Adults in Situations of Vulnerability: A Three-Part Series Litigation & Dispute Resolution

Protection of Adults in Situations of Vulnerability: A Three-Part Series

Part 1: Protecting Malta’s Most Vulnerable Introduction Malta's legal framework for the protection of vulnerable persons has undergone a significant reform with the enactment of the Protection of Adults in Situations of Vulnerability Act (Act XIV of 2026), now Chapter 659 of the Laws of Malta. For the first time, Malta has introduced a dedicated statutory regime aimed specifically at safeguarding adults who, because of disability or the effects of ageing, are unable to protect themselves from harm, abuse, neglect or exploitation. This legislation does far more than introduce new reporting obligations or create additional offences. It establishes an entirely…
Maria-Lisa Buttigieg and Saskia Cassingena
4th August 2026
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Court of Appeal Judgment Supports Bank’s Decision Not To Authorise Client To Withdraw Funds From His Account Banking & FinanceLitigation & Dispute Resolution

Court of Appeal Judgment Supports Bank’s Decision Not To Authorise Client To Withdraw Funds From His Account

This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo.In a recent decision delivered by the Court of Appeal in its Inferior Jurisdiction, the Court of Appeal overturned a decision delivered by the Arbiter for Financial Services concerning BNF Bank's decision not to authorize a client to withdraw funds from a bank account held in the client's name and this after the Bank was informed by the client that his mother, who was indicated as a debtor in a number of garnishee orders, was using his account to deposit her salary.Although the client had admitted that his…
Maria-Lisa Buttigieg
15th November 2021
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Recent Court of Appeal Judgment Confirms Banking Practice of Charging of Commitment Fees Litigation & Dispute Resolution

Recent Court of Appeal Judgment Confirms Banking Practice of Charging of Commitment Fees

This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo​​.A client of BNF Bank p.l.c. instituted proceedings before the Arbiter for Financial Services against the said Bank in order to obtain a refund on certain fees imposed by the Bank in relation to loan facilities granted by the Bank to the said client.The fees which the client requested a refund of consisted of relative processing fees, legal fees and commitment fees. The client in her complaint alleged that the fees were not clearly communicated to her and that the commitment fee should not have been charged since she had…
Maria-Lisa Buttigieg
15th October 2021