In a judgment delivered by the First Hall of the Civil Court in Malta on 21 March 2024 light was shed on the continued relevance and enforcement of special maritime privileges under Maltese law in favour of seafarers.
The case involved claims brought by six crew members of the vessel MV Sky (IMO 8597011), as represented by a representative of the International Transport Workers’
Federation. The seafarers were left stranded in Maltese territorial waters without pay, basic supplies, or the necessary equipment to depart port. The crew — including officers and engineers — sought recovery of unpaid wages amounting to over USD 35,700 (EUR 33,145), with their claims covering services rendered up to November 2023.
The court proceedings confirmed that the vessel had remained immobilised in Marsa, Malta, and that the shipowners had entirely abdicated their responsibilities, failing to engage with the crew. The proceedings were brought in rem which refers to a legal action that is directly targeted against a specific piece of property rather than against a person (in personam) – in this case, the Vessel is the property. This action is primarily used in maritime law but can also be relevant in other areas where the property itself is the core subject of the dispute.
Recognition of Privileged Maritime Claims
Crucially, the plaintiffs, assisted by Dr Christopher Vella based their claim on the privileged nature of seafarers’ wage claims, invoking:
The Court noted that this special privilege exempts claimants from the usual evidentiary burden under Article 742D of the Code. In this case, the Court concluded that the crew members’ claims were certain, liquidated, and due, and that no valid defense was raised by the vessel or its owners.
In Absentia Judgment
Due to the vessel’s default and lack of appearance at multiple scheduled hearings, the Court proceeded with judgment in absentia. It found fully in favour of the crew and ordered payment of the full amount of unpaid wages amounting to thirty-five thousand seven hundred forty-three United States Dollars and sixty cents ($35,743.62) which translate to thirty-three thousand one hundred forty-five Euros and twenty-nine cents (€33,145.29) with legal interest, along with judicial costs to be borne by the vessel.
Implications
This judgment reaffirms the protective intent of Maltese maritime law toward crew members and other seafarers, recognising their vulnerable position in disputes involving absentee or insolvent shipowners. It also demonstrates how special maritime privileges function not just as a legal doctrine, but as a practical mechanism for enforcing crew claims when traditional channels are unavailable or ignored.
The plaintiffs in this case were assisted by Dr Christopher Vella. Old Mint Legal remains committed to assist seafarers who are prejudiced in any of their employment rights.
