MALTA Law and Practice Contributed by: Antoine Cremona, Clement Mifsud-Bonnici and Chiara Frendo, Ganado Advocates
8. Settlement 8.1 Court Approval Court approval is not required in order to settle a lawsuit. 8.2 Settlement of Lawsuits and Confidentiality The terms of settlement agreements cannot be disclosed without the consent of all parties to the settlement, and therefore, settlements of lawsuits are entirely confidential and privileged. 8.3 Enforcement of Settlement Agreements Settlement agreements would be enforced in the same way as any other contract. They will invariably contain their own dispute resolution mechanism and method of enforcement, includ- ing by recourse to court or arbitration. 8.4 Setting Aside Settlement Agreements Adherence, enforcement and the setting aside of a settlement agreement would take place in the same way as for any other contract and they are thus regulated by the law of contracts. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The damages available to the successful litigant are: • actual losses already suffered; • future losses; • legal interest; and • moral damage, available only in limited instances.
a trial to be heard with closed doors may, upon good reason being shown, also be made by both parties together. Judgments are delivered in open court, with a signed transcript of the judgment itself being deposited in the records of the case. 7.7 Level of Intervention by a Judge Malta has adopted the adversarial model. Accordingly, the judge is generally passive, inter- vening only if required to provide direction, seek clarifications from the parties or witnesses, or in the event of the issuance of an order, directive or interim decision by judicial decree. In this respect, in order to ensure full compli- ance with all matters of procedure, to seek more detailed information, to expedite or facilitate pro- ceedings, or to avoid the unnecessary appear- ance of parties or witnesses, the court may give all such orders and directives it may think fit in chambers. The court may also, by way of a decree, demand the parties to answer any questions it might have or else demand the parties to clarify any issues that are deemed necessary for the court before handing down its judgment. 7.8 General Timeframes for Proceedings Once the application is filed in court, the defend- ant has 20 days within which to file a reply, whether sworn or otherwise. The same time limit will apply for the filing of any counterclaim. Fol- lowing the trial proceedings as explained above, the court will generally deliver judgment within four to six months. On the other hand, the pro- cess before the Inferior Courts from start to finish is likely to take two to three years.
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