MALTA Law and Practice Contributed by: Antoine Cremona, Clement Mifsud-Bonnici and Chiara Frendo, Ganado Advocates
10.3 Procedure for Taking an Appeal An appeal can be entered by any party against either all other parties or any one of them. As mentioned, an appeal is lodged by means of an application that must be filed in the registry of the Court of Appeal within 30 days of the date of the judgment. This time period cannot be extended. If an appeal is not entered into against the whole judgment, then the application must specify the heads of judgment being appealed. Security for costs must be deposited in court just after the written pleadings are closed. The appeal application is served on all parties, but only the parties against whom the appeal is directed must file their answer within 30 days, specifying why the appeal should be dismissed. The written plead- ings in appeal are deemed closed by the submission of an answer to the application, but if it deems so expedient, the court may make an order to allow the filing of any additional submissions whether in writing or verbally. The appeal application or reply must contain all the documents in support of such application or reply. No new evidence is admitted on appeal, except in specific circumstances. 10.4 Issues Considered by the Appeal Court at an Appeal An appeal can be filed on either points of law or points of fact. In fact, the Court of Appeal may deal with both the principles behind and the merits of a judgment. Although an appeal from judgments of the Superior Courts in the first instance are meant to be full appeals on both the law and legal principles applicable, as well as on the facts, a significant number of judgments have consistently upheld that the Court of Appeal should not, in principle, typically disturb the assess- ment of facts made by the first courts, which would have heard witnesses and had other evidence heard before them. Generally, new points that were not explored at first instance cannot be raised in appeal, and no evidence that had already been available to the parties can be submitted in appeal. There are, however, certain spe-
cific pleas (eg, the defence of prescription) that can be raised for the first time also on appeal. In exceptional cases, new evidence may also be submitted with the Court of Appeal’s prior authorisation. 10.5 Court-Imposed Conditions on Granting an Appeal There are no conditions associated with an appeal from a final judgment, other than the security for costs. The appeal represents a right exercisable by a party to a judgment to request quashing or amend- ment of the judgment in first instance. Appeals from certain interim, interlocutory, or other decrees delivered by the courts can only be made fol- lowing an application for leave of appeal. If such leave of appeal is not granted, appeal from such decrees can only be made together with an appeal from the final judgment. 10.6 Powers of the Appellate Court After an Appeal Hearing The Court of Appeal may confirm the judgment deliv- ered by the court of first instance. It may also amend, reverse, vary, or annul the judgment of the court of first instance. In certain cases, the logical conclusion of the decision in appeal may be to remit the case back to the court of first instance for a decision on the merits, depending on the circumstances of the case. Furthermore, if an appeal is found to be frivolous or vexatious, the Court of Appeal may award double costs against the appellant. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation In its judgment, the court will decide who will bear the costs of the proceedings. These costs are typically made up of Court Registry fees, advocates’ fees, and legal procurators’ fees, which are established and levied in accordance with statutory tariffs. These official rates are found in the schedules to the Code of Organisation and Civil Pro- cedure.
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