This page provides you with information about judicial costs in Malta.
Family law – custody of the children
Commercial law – responsibility
The fees charged by legal practitioners are regulated by Tariff E of the Code of Organisation and Civil Procedure (COCP), Chapter 12 of the Laws of Malta.
Lawyers
The fees charged by lawyers are regulated by Tariff E of Schedule A annexed to the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta). Advocates are also guided by the Code of Ethics and Conduct for Advocates when establishing their fee: this is done either by the advocate himself or by agreement between him and his client. This Code of Ethics considers a fee to be reasonable if it in keeping with specific factors, such as the time required, the novelty and difficulty of the issues involved; responsibility undertaken, the time limitations, the nature and length of the professional relationship; the experience, reputation and ability of the advocate, the costs recoverable from the other party.
Fixed costs for litigants in civil proceedings
Fixed costs for litigants vary depending on the nature of the case and whether it has a monetary value.
Stage of the civil proceeding where fixed costs must be paid
Filing fees and registry fees must be paid when the judicial proceedings are filed.
At the end of a judicial procedure, a bill of costs - including taxes - is produced. If the registry fees calculated turn out to be higher than what was paid when the case was filed, the difference must be calculated and requested from the party who instituted the case.
Fixed costs for litigants in criminal proceedings
No costs are incurred in criminal proceedings.
Stage of the criminal proceeding where fixed costs for litigants must be paid
Civil party costs are not awarded in criminal proceedings. Nevertheless, at the end of a case, the court may order the accused to pay all the experts’ expenses incurred by the prosecution.
Fixed costs for litigants in constitutional proceedings
Fees for constitutional cases, in the first instance, are as follows:
Filing an application |
€58.53 |
Registry fee |
€58.23 |
Service of acts (per notification) |
€6.99 |
Legal professionals’ fees billed at the end of a case can range from €46.49 to €698.81. Other professional costs that may be incurred in a case are: €46.59 for every minor application filed; €9.32 for every subpoena; €23.29 for an affidavit, €4.66 for copies of acts, and €186.35 for written submissions.
Stage of constitutional proceedings where fixed costs must be paid
The costs are paid when the proceedings are filed.
Lawyers are bound to deal with their clients according to the Code of Ethics drawn up by the Commission for the Administration of Justice. The code gives lawyers various duties towards their clients. However, the obligations mentioned above are not reflected in the code.
The successful party normally recuperates all judicial costs provided that the judgment orders the unsuccessful party to pay the costs.
The unsuccessful party has to pay the costs of the case and those of the successful party.
Tariffs A to L of the COCP (Chapter 12 of the Laws of Malta) set out all the various costs and fees due in court procedures. You can access these on the website of the Ministry for Justice, Culture and Local Government.
All laws are drafted in Maltese and English, as both are the official languages of Malta.
Information on mediation is available from the website of the Maltese Arbitration Centre.
The Legal Services Section of the Ministry for Justice, Culture and Local Government website provides you with:
There is no specific information on the length of the various procedures. However, on the website of the Courts of Justice you can find information and statistics on cases being introduced, heard and decided by the courts on a monthly basis, among other data.
Twice a year, an age analysis is published on this site, indicating the age of the cases being heard by each and every judge and magistrate in all civil courts and tribunals.
See above.
All registry costs are exempt from VAT. However, 18 percent VAT must be paid on fees indicated in the tariffs and payable to legal referees, the parties’ respective solicitors and other court appointed experts.
Although there are exceptions for certain kinds of proceedings, a person generally qualifies for legal aid if:
The law does not prescribe a specific threshold. Nevertheless, legal aid for defendants in criminal justice cases is provided as of right when the defendant has been unable to brief an advocate, or where she or he requests the benefit of legal aid.
The law does not prescribe a specific threshold. Nonetheless, the Justice Unit is (over and above any private legal counsel engaged by the victim) bound by law to provide all necessary assistance and support to any victim of crime, with the ultimate aim of providing due compensation.
No further conditions are attached to the granting of legal aid for the victims of crime. However, alleged victims are expected to provide all information requested and in their possession, and offer full cooperation to the Justice Unit and the Attorney General’s Office.
There are no other conditions attached to granting legal aid to defendants. However, the law gives the Advocate for Legal Aid the right to decline aid on any ground that, in the opinion of the court, prima facie (on the face of it) justifies refusal. Nevertheless, even under such circumstances, the law requires the court to ensure that a defendant is represented by itself appointing an advocate.
All court proceedings are cost-free once a party is granted the benefit of legal aid.
It is the sole prerogative of the court to decide how to apportion and award the costs of a case. There are no rules of practice.
Experts' fees are regulated by Tariffs G and K of the COCP (Chapter 12 of the Laws of Malta).
Tariff B of Chapter 12 of the Laws of Malta states that, for every translation required by law or by the court:
Ministry for Justice, Culture and Local Government
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:
Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.
Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorised to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.
Case Study | Court | Appeals | ADR | |||||
Initial court fees | Transcription fees | Other fees | Initial court fees | Transcription fees | Other fees | Is this option open for this type of case? | Costs | |
Case A | €181.68 | N/A | N/A | €98.99 | N/A | €116.47 | Yes | |
Case B | €181.68 | N/A | N/A | €98.99 | €116.47 | No |
Case Study | Lawyer | Bailiff | Expert | ||||
Is representation compulsory? | Average costs | Is representation compulsory? | Pre-judgement costs | Post-judgement costs | Is use compulsory? | Cost | |
Case A | Yes | From a minimum of €81.53 to €174.70 | Not compulsory | N/A | N/A | No | N/A |
Case B | Yes | From a minimum of €81.53 to €174.70 | Not compulsory | N/A | N/A | No | N/A |
Case Study | Witness compensation | Pledge or security | Other fees | |||
Are witnesses compensated? | Cost | Does this exist and when and how is it used? | Cost | Description | Cost | |
Case A | No | N/A | Precautionary warrant against the amount demanded | €23.28 | N/A | N/A |
Case B | No | N/A | Precautionary warrant against the amount demanded | €23.28 | N/A | N/A |
Case study | Legal Aid | ||
When and under which conditions is it applicable? | When is support total? | Conditions? | |
Case A | Legal Aid is applicable if the person lives on social benefits or minimum wage and if he/she does not possess more than one property | N/A | N/A |
Case B | Legal Aid is applicable if the person lives on social benefits or minimum wage and if he/she does not possess more than one property. | N/A | N/A |
Case study | Reimbursement | |||
Can the winning party obtain reimbursement of litigation costs? | If reimbursement is not total what is percentage in general? | What costs are never reimbursed? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | YES | Depends on the outcome of the judgment | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case B | YES | Depends on the outcome of the judgment | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case study | Translation | Interpretation | Other costs specific to cross-border disputes? | |||
When and under what conditions is it necessary? | Approximate cost? | When and under what conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | A translation is made upon the request of either one of the parties involved. Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense. | €17.47 (the flat rate paid as registry fee for each translation) | Applicable only when a witness is neither Maltese nor English speaking | Between €11.65 and €58.23/hour | Costs incurred notifying the party residing abroad | Depends on the fees charged by other Member States |
Case B | A translation is made upon the request of either one of the parties involved. Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense. | €17.47 (the flat rate paid as registry fee for each translation) | Applicable only when a witness is neither Maltese nor English speaking | Between €11.65 and €58.23/hour | Costs incurred notifying the party residing abroad | Depends on the fees charged by other Member States |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
In this case study on family law – alimony, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:
Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this.
Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence.
An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.
Case Study | Court | Appeals | ADR | |||||
Initial court fees | Transcription fees | Other fees | Initial court fees | Transcription fees | Other fees | Is this option open for this type of case? | Costs | |
Case A | €181.68 | N/A | N/A | €98.99 | N/A | €116.47 | Yes | |
Case B | €181.68 | N/A | N/A | 98.99 | €116.47 | No |
Case Study | Lawyer | Bailiff | Expert | ||||
Is representation compulsory? | Average costs | Is representation compulsory? | Pre-judgement costs | Post-judgement costs | Is use compulsory? | Cost | |
Case A | Yes | 0.5% of alimony payable for a period of 10 years which fees may be raised to 1% by mutual agreement between client and lawyer, provided that any fee in excess of the established 0.5% is not recoverable from the other party. | Not compulsory | N/A | N/A | No | N/A |
Case B | Yes | Depends on amount claimed | Not compulsory | N/A | N/A | No | N/A |
Case Study | Witness compensation | Pledge or security | Other fees | |||
Are witnesses compensated? | Cost | Does this exist and when and how is it used? | Cost | Description | Cost | |
Case A | No | N/A | Precautionary warrant against the amount demanded | €23.28 | N/A | N/A |
Case B | No | N/A | Precautionary warrant against the amount demanded | €23.28 | N/A | N/A |
Case study | Legal Aid | ||
When and under what conditions is it applicable? | When is support total? | Conditions? | |
Case A | Legal Aid applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property. | N/A | N/A |
Case B | Legal Aid is applicable if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property. | N/A | N/A |
Case study | Reimbursement | |||
Can the winning party obtain reimbursement of litigation costs? | If reimbursement is not total, what is percent-age in general? | What costs are never reimbursed? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | YES | Depends on the outcome of the judgement | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case B | YES | Depends on the outcome of the judgement | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case study | Translation | Interpretation | Other costs specific to cross-border disputes? | |||
When and under what conditions is it necessary? | Approximate cost? | When and under what conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | A translation is only made upon the request of either one of the parties involved. Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense. | €17.47 (the flat rate paid as registry fee for each translation) | Applies only when a witness is neither Maltese nor English speaking | Between €11.65 and €58.23/hour | Costs incurred notifying the party residing abroad | Depends on the fees charged by other member states |
Case B | A translation is only made upon the request of either one of the parties involved. Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense. | €17.47 (the flat rate paid as registry fee for each translation) | Applies only when a witness is neither Maltese nor English speaking | Between €11.65 and €58.23/hour | Costs incurred notifying the party residing abroad | Depends on the fees charged by other member states |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations:
Case A – National situation: A company delivered goods worth 20.000 euros. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed.
The seller decides to sue to obtain the full payment of the price.
Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20.000 euros to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.
Case Study | Court | Appeals | ADR | |||||
Initial court fees | Transcription fees | Other fees | Initial court fees | Transcription fees | Other fees | Is this option open for this type of case? | Costs | |
Case A | € 680.16 | N/A | € 195.65 | N/A | N/A | N/A | ||
Case B | € 680.16 | N/A | € 195.65 | N/A | N/A | N/A |
Case Study | Lawyer | Bailiff | Expert | ||||
Is representation compulsory? | Average costs | Is representation compulsory? | Pre-judgement costs | Post-judgement costs | Is use compulsory? | Cost | |
Case A | YES | Lawyer: €681.53 Legal procurator: €227.18 | Not compulsory | N/A | N/A | NO | N.A |
Case B | YES | Lawyer: €681.53 Legal Procurator: €227.18 | Not compulsory | N/A | N/A | No | N/A |
Case Study | Witness compensation | Pledge or security | Other fees | |||
Are witnesses compensated? | Cost | Does this exist and when and how is it used? | Cost | Description | Cost | |
Case A | NO | N/A | Precautionary warrant against the debt indicated | € 46.59 | N/A | N/A |
Case B | NO | N/A | Precautionary warrant against the debt indicated | € 46.59 | N/A | N/A |
Case study | Legal Aid | Reimbursement | |||||
When and under what conditions is it applicable? | When is support total? | Conditions? | Can the winning party obtain reimbursement of litigation costs? | If reimbursement is not total, what is percent-age in general? | What costs are never reimbursed? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | NO | N/A | N/A | YES | Depends on the outcome of the judgement | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case B | NO | N/A | N/A | YES | Depends on the outcome of the judgement | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case study | Translation | Interpretation | Other costs specific to cross-border disputes? | |||
When and under what conditions is it necessary? | Approximate cost? | When and under which conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | When only one of the parties is English speaking | € 34.94 | Applies only when a witness is neither Maltese nor English speaking | Between €11.65 and €58.23 / hour | Costs incurred notifying the party residing abroad | Depends on the fees charged by other member states. |
Case B | When only one of the parties is English speaking | € 34.94 | Applies only when a witness is neither Maltese nor English speaking | Between €11.65 and €58.23 / hour | Costs incurred notifying the party residing abroad | Depends on the fees charged by other member states. |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
In this case study on commercial law – responsibility, Member States were asked to advise the customer on litigation costs in order to consider the following situations:
Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer on-sells (and installs) the heater to a customer to equip his/her house. The house catches fire shortly thereafter. Every participant (heating equipment manufacturer, installer, end-customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer.
The customer decides to sue for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies.
Case B – Transnational situation: A heating equipment manufacturer in a Member State B delivers heater to an installer in a Member State C. The installer on-sells the heater (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer.
The customer decides to sue in Member State A for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.
Case Study | Court | Appeals | ||||
Initial court fees | Transcription fees | Other fees | Initial court fees | Transcription fees | Other fees | |
Case A | Minimum of €712.77 (depends also on the value claimed) | N/A | € 195.65 | N/A | ||
Case B | Minimum of €712.77 (depends also on the value claimed) | N/A | € 195.65 | N/A |
Case Study | Lawyer | Bailiff | Expert | ||||
Is representation compulsory? | Average costs | Is representation compulsory? | Pre-judgement costs | Post-judgement costs | Is use compulsory? | Cost | |
Case A | YES | Depends on value claimed | Not compulsory | N/A | N/A | Not compulsory, but in this case highly probable | De-pends on value claimed |
Case B | YES | Depends on value claimed | Not compulsory | N/A | N/A | Not compulsory but in this case highly probable | De-pends on value claimed |
Case Study | Witness compensation | Pledge or security | Other fees | |||
Are witnesses compensated? | Cost | Does this exist and when and how is it used? | Cost | Description | Cost | |
Case A | NO | N/A | Not applicable because the value to be claimed is not quantified | N/A | N/A | N/A |
Case B | NO | N/A | Not applicable because the value to be claimed is not quantified | N/A | N/A | N/A |
Case study | Legal Aid | ||
When and under what conditions is it applicable? | When is support total? | Conditions? | |
Case A | Legal aid is applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property. | N/A | N/A |
Case B | Legal aid applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property. | N/A | N/A |
Case study | Reimbursement | |||
Can the winning party obtain reimbursement of litigation costs? | If reimbursement is not total what is percent-age in general? | What costs are never reimbursed? | Are there instances when legal aid should be reimbursed to the legal aid organisation? | |
Case A | YES | Depends on the outcome of the judge-ment | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case B | YES | Depends on the outcome of the judge-ment | Private consultation with the lawyers (extra-judiciary costs) | N/A |
Case study | Translation | Interpretation | Other costs specific to cross-border disputes? | |||
When and under what conditions is it necessary? | Approximate cost? | When and under which conditions is it necessary? | Approximate cost? | Description | Approximate cost? | |
Case A | When only one of the parties is English speaking | € 34.94 | Applies only when a witness is neither Maltese nor English speaking | Between €11.65 and € 58.23 / hour | Costs incurred notifying the party residing abroad | Depends on the fees charged by other member states. |
Case B | When only one of the parties is English speaking | € 34.94 | Applies only when a witness is neither Maltese nor English speaking | Between €11.65 and €58.23 / hour | Costs incurred notifying the party residing abroad | Depends on the fees charged by other member states. |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.