MALTA Law and Practice Contributed by: Antoine Cremona, Clement Mifsud-Bonnici and Chiara Frendo, Ganado Advocates
10. Appeal 10.1 Levels of Appeal or Review to a Litigation There is only one level of appeal in Malta. There is a right of appeal to the Court of Appeal against judgments 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 jurisdiction 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 jurisdic- tion 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. It is also possible to appeal against certain inter- im or interlocutory decrees, such as a decree allowing a request for urgency or the appoint- ment of a referee. However, such appeal may be lodged only after the delivery of a definitive judg- ment, 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 applica-
tion filed within ten days of the day on which the decree is read out in court. Furthermore, Maltese civil procedural law pro- vides an exceptional remedy of seeking a “retri- al” (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 limited and stated grounds at law. 10.2 Rules Concerning Appeals of Judgments An appeal may be lodged by means of an appli- cation, which shall contain the part of the judg- ment the appellant may wish to be reversed, varied or annulled. The appeal must also be substantiated with detailed reasons in the appli- cation. 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 ques- tion 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 appellant obtains leave from the court to appeal at various instances prior to delivery of the final judgment. 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 above, 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
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