MALTA Law and Practice Contributed by: Antoine Cremona, Clement Mifsud-Bonnici and Chiara Frendo, Ganado Advocates
advocate of the Bar of Malta and at the sit- tings of the Superior Courts; • have full knowledge of the Maltese language, being the language of the courts; and • have been duly examined and approved by two judges. Advocates so admitted to the Maltese Bar have rights of audience before all courts. Legal procurators in possession of a warrant issued by the President of the Republic and under the Public Seal of Malta have rights of audience before the Courts of Magistrates (inferior jurisdiction) and special tribunals and boards. Foreign legal professionals from other EU mem- ber states wishing to practise in Malta may register with the Ministry for Justice, Equality and Governance, but will need to apply for a local warrant in order to practise in the Courts of Justice in Malta. To be eligible, the applicant should have practised law in Malta for at least three years, have experience of Maltese law, and must satisfy the remaining requirements. 2. Litigation Funding 2.1 Third-Party Litigation Funding In principle, third-party funding of claims gov- erned by Maltese law is permitted, unless the funding is characterised as champerty (stipula- tions quotae litis are deemed void). Regulatory clearance may however be required if funding is made on an ongoing basis. Third-party litigation funding is possible, although not expressly regulated. In fact, there is no specific and dedicated legislation that regulates third-party litigation funding models
yet. Notwithstanding this, lawyers are prohibit- ed from entering into funding arrangements with their clients or third parties. 2.2 Third-Party Funding: Lawsuits Subject to 2.1 Third-Party Litigation Funding , any lawsuit is available for third-party funding. 2.3 Third-Party Funding for Plaintiff and Defendant Subject to 2.1 Third-Party Litigation Funding , both the plaintiff and defendant can use third- party funding. 2.4 Minimum and Maximum Amounts of Third-Party Funding Subject to 2.1 Third-Party Litigation Funding , there are no minimum and maximum amounts that a third party may fund. 2.5 Types of Costs Considered Under Third-Party Funding Subject to 2.1 Third-Party Litigation Funding , there is no restriction on the costs a third-party funder may consider funding; such costs may include the court registry costs of filing judicial documents, legal representation fees and other court fees. 2.6 Contingency Fees Lawyers are ethically prohibited from entering into contingency fee and other conditional fee arrangements. 2.7 Time Limit for Obtaining Third-Party Funding Third-party funding can be sought at any point in the litigious process.
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