Category

Litigation & Dispute Resolution

No Liquidation Committee? Here’s How a Shareholder Can Step in Corporate and M&ALitigation & Dispute Resolution

No Liquidation Committee? Here’s How a Shareholder Can Step in

This article forms part of a series exploring key procedures and rights under the Companies Act (Chapter 386 of the Laws of Malta) in the context of company liquidation. While not every step requires a direct court application, creditors and other stakeholders still play an active role in shaping the process. When a company is being wound up by the court, a liquidation committee may be appointed to oversee and support the liquidator’s work. This committee is typically made up of creditors and is meant to safeguard the interests of those with a stake in the company’s remaining assets. But…
Kristen Camilleri and Jonathan Abela Fiorentino
16th September 2026
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
What if the Liquidator isn’t doing their Job? Your Right to Complain in Court Corporate and M&ALitigation & Dispute Resolution

What if the Liquidator isn’t doing their Job? Your Right to Complain in Court

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.  Once a liquidator is appointed to wind up a company, creditors and contributories often assume that the process will proceed smoothly. But what happens when it does not? Under Article 243(1) of the Companies Act, any…
Kristen Camilleri and Jonathan Abela Fiorentino
17th August 2026
A Landmark Judgment for Secured Creditors Litigation & Dispute Resolution

A Landmark Judgment for Secured Creditors

BNF Bank plc Obtains the Release of Property from the Effects of a Seizing and Freezing Order This appears to be the first instance in Malta in which the Civil Court (Asset Recovery Section) released property from the effects of a seizing and freezing order(the “Order”), to enable a banking institution  to enforce pre-existing security rights. The judgment delivered on the 14th of May 2026 in the names BNF Bank plc vs Uffiċċju għall-Irkupru tal-Assi (Asset Recovery Bureau) by the said Court as presided by Mr. Justice Henri Mizzi, has now become res judicata and represents an important development in…
Kevin Cutajar and Frank B. Testa
12th 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