MALTA Law and Practice Contributed by: Antoine Cremona, Clement Mifsud-Bonnici and Chiara Frendo, Ganado Advocates
down in that Hague Choice of Court Convention, as opposed to the procedure laid down in the Code of Organisation and Civil Procedure. Where the judgment has not been delivered on the basis of an exclusive choice of court agreement, and has been delivered by the courts of a Contracting State to the Hague Judg- ments Convention (the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judg- ments in Civil and Commercial Matters), it can also be recognised and enforced in accordance with that convention, at the choice of the enforcing judgment creditor. According to the British Judgments (Reciprocal Enforcement) Act (Chapter 52 of the laws of Malta), a limited number of money judgments delivered by the Superior Courts of the United Kingdom may be registered in Malta in accordance with a separate pro- cedure established in that Act. The procedure under this Act is very similar to that found in the Code of Organisation and Civil Procedure. There is only one level of appeal in Malta. There is a right of appeal to the Court of Appeal against judg- ments delivered by courts of first instance. There is no third-level review in cassation or by a supreme court. In fact, judgments delivered by the Court of Appeal are not appealable. Appeals from judgments of the First Hall of the Civil Court and the Court of Magistrates in its superior juris- diction are heard by the Court of Appeal in its superior jurisdiction. Appeals from specially constituted tribunals, such as the Financial Services Tribunal, shall lie before the Court of Appeal in its inferior jurisdiction presided over by one judge. Appeals from decisions of the Court of Magistrates (Malta) and the Court of Magistrates (Gozo) are also heard by the Court of Appeal in its inferior jurisdiction. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation
It is also possible to appeal against certain interim or interlocutory decrees, such as a decree allowing a request for urgency or the appointment of a referee. However, such appeal may be lodged only after the delivery of a definitive judgment, and only if an appeal against the definitive judgment itself is entered. Other decrees that necessitate a final decision before the delivery of a definitive judgment (eg, a decree refusing the joinder of a third party) may be appealed against by means of an application within six days of the date on which the decree is read out in open court. Certain other interlocutory decrees may be appealed against only by special leave of the court, to be requested by means of an application filed within ten days of the day on which the decree is read out in court. Furthermore, Maltese civil procedural law provides an exceptional remedy of seeking a “retrial” (also known as “new trial”) of a judgment delivered by the Court of Appeal (in the last and second level of review). This remedy would seek a review of the judgment on lim- ited and stated grounds at law. 10.2 Rules Concerning Appeals of Judgments An appeal may be lodged by means of an applica- tion, which shall contain the part of the judgment the appellant may wish to be reversed, varied, or annulled. The appeal must also be substantiated with detailed reasons in the application. If the appeal is seeking variation, the application must state the manner in which the appellant wishes the judgment to be varied. There is no appeal from judgments given upon the admission of a claim, or if the party in question has renounced the right of appeal. Appeals may also be entered into by interested third parties. Furthermore, if several issues are decided by more than one judgment, then appeals may only be made upon the final judgment, unless the potential appel- lant obtains leave from the court to appeal at various instances prior to delivery of the final judgment.
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