François Laffoucrière

CAPT. FRANÇOIS LAFFOUCRIÈRE

Head of Shipping Department

T: (+356) 27 237172
E: fmgl@mifsudadvocates.com.mt
Langues: French, English and Spanish

François qualified as an Avocat (French lawyer) in 2016 and created the French Desk at Mifsud & Mifsud Advocates. He is now registered at the Bars of Paris and Malta.

He is also presently a Marine Consultant, a listed Marine Surveyor at the Rouen Appeal’s Court, a Maritime Arbitrator at the ‘Chambre Arbitrale Maritime de Paris’, a Member of the Malta Arbitration Centre, and a member of the Malta Maritime Law Association.

He started his marine career in 1986 and is a Master Mariner and a Chief Engineer. He was a Master of crane barges, drill-ships and semi-submersibles, on anchors and DP systems. He was then a Le Havre port Maritime Pilot from 2000 to 2013, during which time he participated in and was a speaker on legal aspects at the European Maritime Pilots Association and International Maritime Pilots Association events.

After starting to read law in 2003, he obtained a PhD in Law from Sorbonne University in 2012 and is the author of articles, in English and French, for law journals and maritime publications. Locally, he was elected Judge for the Commercial Court of Le Havre where he served for several years.

For many years, François has been an active member and is a Fellow of The Nautical Institute. He is the Vice-chairman of The Nautical Institute Technical Committee and has been a delegate at the IMO since 2009.

Professional Memberships

Barreau de Paris
World Link for Law
Malta Arbitration Centre
London Maritime Arbitration Association
Malta Maritime Law Association
Chambre Arbitrale Maritime de Paris
The Nautical Institute
Association Française de Droit Maritime (AFDM)

Publications

Sept. 2015:

Technical Editor and Co-author of the book “Improving Ship Operational Design”, 2nd Ed., The Nautical Institute.

May 2015:

Co-author of the book “The Nautical Institute on Command, 3rd Ed., The Nautical Institute.

Spring 2015:

"Le “squat”", in Gazette de la Chambre, n°37, pp.4-5 of the CAMP.

Nov. 2014:

« Le pilotage portuaire en France », in Questions Internationales, La documentation Française, n°70, pp.53-55.

Aug. 2014:

Co-author of “Fasc. 1181 Pilotage”, in JCl Transport, LexisNexis.

Spring 2014:

"Immunity and Exemptions", Section 1.4 in Chapter I Legal and Statutory, in IMPA on Pilotage, Witherby Seamanship International.

Winter 2012/2013:

Article on the first ship in the world specially designed and built to accommodate Nickel ore that can liquefy: « Le “Jules Garnier II” », in Gazette de la Chambre, n°30, p.8 of the Paris Maritime Arbitral Chamber (CAMP).

2011/2012:

« La liquéfaction des chargements de nickel », in Gazette de la Chambre, n°26, pp.2-3 and n°27, p.4 of the CAMP.

Spring 2011:

« Le concept « e-navigation » », in Gazette de la Chambre, n°25, p.3 of the CAMP.

May 2011:

« L’acquittement d’un pilote du Saint-Laurent », in French Maritime Law Journal, Le Droit Maritime Français (DMF) n°725 of the, pp.460-467.

Jan. & Feb. 2011:

« La responsabilité disciplinaire et pénale du pilote maritime », in DMF n°721, pp.3-12 and n°722, pp.103-114.

Jun. 2010:

"Criminalisation – Pilots in the hot seat", in Seaways, June 2010, p.21.

Mar. 2010:

« OMI LEG 96 », in DMF n°712, pp.235-237.

5th Jun. 2009:

« La criminalisation du pilote », in Merchant Navy Journal, Journal de la Marine Marchande n°4672 of the, pp. 18-19.

Jul. – Aug. 2008:

« La responsabilité civile du pilote », in DMF n°694, pp. 595-609.

AREAS OF SPECIALISATION

Maritime and Shipping

Malta boasts one of the leading and largest Ship Registries in the world. It is a flexible registry, imposing very few restrictions. The success Malta has achieved in this industry is due to a well-balanced structure of maritime services and fiscal incentives coupled with the Government’s desire to promote the industry, which it seeks to achieve by means of numerous attractive benefits to ship owners. The Maltese Ship Registry includes all types of ships including oil-rigs, pleasure yachts and passenger cruise ships amongst others.

Aviation and Transportation

Malta has historically always been at the forefront of the Aviation Industry. It is thus no surprise that it is a major participant in numerous international aviation agreements and conventions, managing to cater for the sudden growth in aviation taking place in recent years through a number of developments.

Commercial and Corporate

The Companies Act (Chapter 386 of the Laws of Malta) provides a well-structured framework for the regulation of companies and partnerships in the Maltese jurisdiction. Due to Malta’s accession to the European Union, companies registered in Malta enjoy free movement within the EU, whereby they are able to avail themselves of the lowest effective tax rates in Europe due to the extensive Double Taxation Treaty network currently in place. Companies or partnerships may be expediently set up in less than 48 hours with relatively low costs and highly professional services.

Employment

Malta provides an array of employment, work and occupational health and safety regulations, ensuring good working relationships amongst all employers and employees.

EU and Competition

Since Malta's accession to the EU, European law has permeated all sectors of society, affecting industrial entities and individuals alike. Mifsud & Mifsud Advocates has a specialized EU law department which focuses on assisting clients with EU regulatory compliance in various fields of EU Law including electronic communications, environmental law, employment law, judicial protection, competition law, intellectual property, taxation and company law amongst others.

Immigration

A small Island in the middle of the Mediterranean Sea, boasting a year round warm climate, scenic views and a kind-hearted friendly nation makes Malta an attractive place for any tourist to visit. It is however also becoming an increasingly popular choice for residency, given the various opportunities, schemes and tax benefits Malta has to offer to both EU and non-EU citizens.

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