Court Litigation

Our team of litigation lawyers at Gonzi & Associates, Advocates deals with numerous fields of law such as Civil Law, Debt Collection, Employment Law & Industrial relations, Property Law, Family Law, Company Law, Claims for damages both in terms of Personal Injury Claims and those relating to damage to property, Consumer Law and Criminal Law.

Our experience enables us to provide adequate representation in Court in all the above fields of law and providing thorough interpretation and application of the law. This also includes advising on the best course of action when it comes to litigation, including advising on filing of precautionary warrants or other judicial acts prior to instituting a case whatever the facts may be.

Once a case is underway, apart from offering thorough representation we will advise on any applications or other judicial acts which need to be filed during the proceedings in order to ensure that our client’s rights are safeguarded. Following judgment, our team of litigation lawyers will guide you through the necessary procedures which will ensure that our client’s rights as per judgement will be secured. This includes the filing of executive warrants were necessary like for instance filing of garnishee orders or warrants of seizure on things in terms of law.

Our Firm can also assist in the enforcement of foreign judgments where the Maltese Courts have jurisdiction in accordance with European and International Law.

Civil law is a wide branch of law which incorporates various regulatory frameworks under its wing. In general terms Civil Law deals with the rights and obligations of persons towards each other hence providing for a system whereby persons can have access to remedies such as the award of damages to the specific performance of the obligation question.

The Civil Code, Chapter 16 of the Laws of Malta, is the foundation of Civil Law which regulates various aspects of Civil Law like for example Family Law and Property Law under the book of persons which is the First Book of the Civil Code as well as the contract of sale, laws of succession and contracts and obligations and torts and quasi torts in the Second Book to the Civil Code. Some aspects of Civil Law are then further regulated by specific legislation which aim to offer a more focused and watertight regulation to that area of the law.

Advising on Civil Law extends to advising on the various procedures laid down in the Maltese Code of Organization and Civil Procedure which plays an important role when presenting judicial acts and appearing in front of the Courts of Justice.

Under this area of law fall sale and lease agreements both for residential purposes and commercial purposes, as well as other contentious matters relating to immovable property.

We provide legal guidance prior to buying property or any other movable were the case may be in order to ensure that the rights and obligations of the parties to the contract are fulfilled such that the parameters laid down by law are kept in other to ensure that the parties rights are not infringed. Getting the proper legal guidance safeguards the party seeking it from future complications which could ensue from misinformation as to the legalities of such an important contract.

With respect to lease agreements we advise on the rights and obligations of the parties bearing in mind that a lease agreement does not transfer ownership however it grants the lessee the right to make use of the property subject to the terms and conditions of the lease agreement entered into between the parties to it. Getting the proper legal guidance prior to entering a lease agreement safeguards the party seeking it from future complications which could ensue from misinformation as to the legalities of such an intricate and delicate area due to the various amendments in the law which need to be interpreted in a rigorous manner.

A claim for damages can subsist both in terms of personal injury as well as in terms of damage to property.

When it comes to personal injury such could occur on the place of work, while on holiday, while using certain equipment, whilst in a shop or even a Bank and in so many different scenarios in one’s everyday life. In terms of requesting compensation following some personal injury our role is to guide the client through the steps to successfully institute a claim for damages. Our legal advice spans from the requisites to successfully commencing a claim for damages with a simple legal letter followed by the filing of the required judicial acts to institute a Court case.

A claim for damages includes actual damage suffered through the injury caused as well as financial loss in terms of loss of income due to being unable to work in certain circumstances. Such circumstances must be evaluated on a case by case basis.

In terms of damage to property we can advise on the best possible remedy as well as the all that is necessary to effectively be awarded compensation for the damage caused to one’s property.

This area deals with the legal parameters in so far as the various relationships between family members are concerned.  This is a vast area and our main area of focus of family law in our firm is on separation, divorce law, child custody, property rights, maintenance obligations and marriage and cohabitation.

We will assist you in negotiating terms where this is required and will also guide you through the process of any litigation instituted whether it is a separation or a divorce or getting custody and maintenance for children in or out of wedlock.

We assist consumers of sellers or service providers either by negotiating a compromise where this is possible or appearing in front of the Court of Competence, or in default, the Consumer Claims Tribunal were such cases are instituted. In the case of the Consumer claims Tribunal we will guide out clients through the whole process in order to achieve the best possible remedy. The role of the Consumer Claims’ Tribunal is to resolve disputes were the claim does not exceed €3494.06. Otherwise the matter is taken to Court.

The Maltese Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta, lays down specific provisions dealing with the recognition and enforcement of foreign judgements hence providing for a scenario when a  judgment delivered by a competent court outside Malta and being a res judicata may be enforced in Malta via the First Hall Civil Court which is the competent court in Malta. In addition, Malta is a signatory to the Lugano Convention 2007 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, Brussels I recast Regulations (1215/2012) and Council Regulation 44/2001.

Once a foreign judgement is recognised by the Maltese Court it can then be enforced in the same way as a domestic judgment is enforced.

This branch of law is mainly governed by the Criminal Code although certain other areas may be governed by other legislation which is more specific.

Criminal Law incorporates the keeping of good order and therefore it relates to punishing behaviour considered to be illegal and/or immoral. There are three categories of Courts that deal with Criminal Law in Malta. These are the Court of Magistrates, the Criminal Court and the Criminal Court of Appeal.

Our Firm can assist you throughout legal proceedings ensuring an adequate defence while protecting our client’s fundamental human rights and the rights of the accused.