Of islands and privilege
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Gozo is known for a number of things – among others – the lush green fields, the crystal clear beaches and mouthwatering ravioli with ġbejniet. For litigation lawyers, however, Gozo is synonymous with the giving of the master of all pleas, that of the prOf islands and privilege
Gozo is known for a number of things – among others – the lush green fields, the crystal clear beaches and mouthwatering ravioli with ġbejniet. For litigation lawyers, however, Gozo is synonymous with the giving of the master of all pleas, that of the privilegium fori. Simply put, when a defendant pleads privilegium fori, he or she is essentially arguing that another court, not being the one where the lawsuit was instituted by the plaintiff, has the privilege of hearing and deciding that case. Under our law, this privilege is granted to a Gozitan or Maltese defendant who requests that a case being heard against him or her is heard in the court of the island of his or her habitual residence. Naturally, various exceptions to this plea exist. Historically, this plea was not just reserved for those who fell within the remits of articles 741(c), 767 and 770 of the Code of Organisation and Civil Procedure but, rather, was resorted to many times by ecclesiastics and clergymen alike who preferred to have their case tried in front of the Ecclesiastical Tribunal or equivalent. Today, at least in civil matters, this is no longer possible. Indeed, Maltese procedural law provides two... Read more














