The legal status and liability of terminal operators in Malta

Abstract

A local study relating to the legal status and liability of terminal operators in Malta has never been carried out and is long overdue. This thesis starts off by explaining the difference between ports and terminals as well as the role each of them play in the maritime cargo transportation chain. The focus then shifts onto the Maltese ports in particular, where identification of the main historical and socio-political factors and legislation which prompted port development or effected the related service providers is provided. The relationships between terminal operators and other entities, namely cargo owners and port workers are then assessed, with particular reference being paid to local legislation in these regards with the aim of highlighting the unique situation that local terminal operators find themselves in today. The author then delves into the liability of terminal operators in relation to cargo claims, claims for damage caused to ships and personal injury claims. Court judgments are used as the basis of this discussion which are further supplemented with explanations of the law pertaining to the topic at hand. Liability for cargo claims is split according to the various heads of liability that may be encountered, each one illustrated through reference to rulings given by the various Maltese adjudicating bodies. Personal injury claims are more linear and not as varied in nature where the main obligation being imposed on terminal is that of providing a ‘safe system of work’. In light of the above, this thesis paints a picture of the situation Maltese terminal operators currently find themselves in and the way the courts have ruled in matters which include them, which, upon several occasions, the author believes to be somewhat unfair. The author finally proposes various amendments he deems necessary and also criticises the interpretation given in several court rulings, which if evaluated properly will surely lead to an improved position for terminal operators.