MALTA Law and Practice Contributed by: Antoine Cremona, Clement Mifsud-Bonnici and Chiara Frendo, Ganado Advocates
Warrant of Arrest of Aircraft This warrant of arrest orders the seizure of an aircraft only to secure a debt or claims, whether in personam or in rem, which could be frustrated by the departure of the aircraft. The term “aircraft” includes: • all data, manuals and technical records; • the airframe, all equipment, machinery and other appurtenances as accessories belong- ing to the aircraft, which are on board or which have been temporarily removed there- from; and • if in Malta, any engines owned by the owner of the aircraft, whether attached to the aircraft or not, as well as any replacement engines which are designated for use on the aircraft and owned by the owner of the aircraft but temporarily not attached to the aircraft. Warrant of Prohibitory Injunction An application for a warrant of prohibitory injunc- tion must demand that a person is restrained from doing or omitting to do anything which might be prejudicial to the person suing the war- rant. This is the only warrant that is not decided on a purely ex parte basis but requires a hearing before the injunction can be issued. That being said, the court may, upon the plaintiff’s request, issue the injunction on a provisional basis until the matter is heard and decided. Warrant of Description This warrant orders a court bailiff to take an item- ised inventory of movables. Warrant of Seizure of a Commercial Going Concern This warrant has the effect of preserving the totality of the assets of the going concern, including licences and goodwill, to order that
on the oath of the plaintiff. They are generally granted within 24 to 48 hours (except for the warrant of prohibitory injunction) without the need for a hearing. There are various types of warrants available under Maltese law. Garnishee Order A garnishee order would require that moneys or movable property held by third parties for a debtor are attached and deposited in court. The third parties must be generally present in Malta, and would typically include credit or financial institutions. Such third parties would be duty bound to deposit any such funds or movable property in court within 19 days from service of the garnishee order. Warrant of Seizure of Movables This warrant of seizure orders the removal or attachment of property of the debtor, which is subsequently seized under court authority on a precautionary basis. This is done with a view to the property being eventually sold by means of a judicial sale by auction once the executing creditor is in possession of an executive title, such as a final and binding judgment or arbitral award. This warrant can seize not only tangible movables, but also intangible movables such as shares in a company owned by the debtor (which would block future transfers of shares, any pledging of the shares, and certain internal reorganisations). Warrant of Arrest of Sea Vessels This warrant of arrest orders the seizure of ves- sels (exceeding ten metres in length) only to secure a debt or claims, whether in personam or in rem, which could be frustrated by the depar- ture of the vessel.
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