12.05.2025
Dr Kevin F. Dingli, a Senior Partner in the Firm, has authored an article featured in the XXXV edition of Id-Dritt, titled 'A critical review of the judgment of the Court of Appeal in "Cassar Fuel Limited vs Awtorita' tat-Transport f'Malta" in the context of its related cases (the "MADRA" cases). An appreciation of the responsibilities of the authority deemed to have an arrested ship under its power or control, with reflections on the warrant of ship arrest and the action in rem'.
The article provides an in-depth analysis of the Court of Appeal's judgment in the landmark case "Cassar Fuel Limited vs Awtorita' tat-Transport f'Malta", with reference to its related cases known as the "MADRA" cases. This important decision, the first of its kind, confirmed the status of the Authority of Transport in Malta as official consignee of an arrested ship, and tested the extent of the responsibilities ensuing from that role.
In the author's opinion, an injustice was ultimately committed owing to an unfortunate but manifest error of fact committed by the Court. These cases serve to further enrich local jurisprudence in the branch of law relating to ship arrest and the intrinsically connected action in rem, and offer fertile ground for academic discussion.
The XXXV edition of Id-Dritt was officially launched on Friday, 9th May, 2025 at the National Library of Malta. This year’s publication features a wide range of thought-provoking articles written by graduates and legal professionals, tackling diverse and timely topics shaping our legal landscape.