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Litigation & Dispute Resolution

The Distribution of the Life Insurance Proceeds Between Ex-Spouses Insurance & ReinsuranceLitigation & Dispute Resolution

The Distribution of the Life Insurance Proceeds Between Ex-Spouses

The First Hall, Civil Court delivered a judgement on the 13th July 2023 (Rikors Nru: 749/2020FDP) about the manner in which the maturity proceeds of a life policy with profits were to be distributed by the defendant insurer, Eagle Star (Malta) Limited, between the plaintiff and the other defendant (the latter two, collectively referred to as “the ex-spouses”). The life policy was issued in the name and on the life of the plaintiff while said plaintiff was married to the other defendant and their matrimonial regime was regulated by the community of acquests. Before the life policy had matured, the…
Veronica Grixti
6th September 2023
Rainfall or No Rainfall Insurance & ReinsuranceLitigation & Dispute Resolution

Rainfall or No Rainfall

In a judgement dated 25th January 2023 in the names Knightsbridge Developments Limited vs Citadel Insurance plc, Rik. Nru. 978/08 (TA), the Court of Appeal explained how the exclusion in the insurance policy prevailed over the application of the concept of proximate cause, as it is commonly applied. This decision makes an important contribution to the body of Maltese insurance substantive law. This case focused on an insurance claim made by the plaintiff against the defendant insurance company under a ‘Contractors All Risk Policy’ that was issued by the defendant insurance company in favour of the plaintiff  in relation to…
Veronica Grixti
31st August 2023
The Representative Actions Act,
a Brief Overview Litigation & Dispute Resolution

The Representative Actions Act,
a Brief Overview

The Maltese law transposing European Union Directive on representative actions for the protection of the collective interests of consumers, Directive (EU) 2020/1828 of the 25th of November 2020, came into force by means of Act XVII of 2023 on the 25th of June 2023 (hereinafter referred to as the “Representative Actions Act” or the “Act”).  This Directive is intended to serve as a model for representative actions on behalf of European consumers in situations wherein their interests are collectively harmed. In Malta, although class actions are already provided for in terms of the Collective Proceedings Act (Chapter 520 of the…
Paula Briffa and Christine Calleja
16th August 2023
Malta to Apply the 2019 Hague Judgments Convention by 1st September 2023 Litigation & Dispute Resolution

Malta to Apply the 2019 Hague Judgments Convention by 1st September 2023

Malta, as a European Union (‘EU’) Member State, is bound to apply the 2019 Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, also known as the Hague Judgments Convention, from the 1st of September 2023. This Convention, concluded on the 2nd of July 2019 by the Hague Conference on Private International Law, pertains to one of the three fundamental pillars of private international law, that is, the recognition and enforcement of foreign judgments. The main objective of this legal instrument is to enhance cross-border transactions, ensure legal certainty and improve access to justice on…
Klara Cachia
13th March 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