Dispute resolution—Malta—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute resolution—Malta—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge and the jury in civil proceedings?
  • 3. What are the time limits for bringing civil claims?
  • 4. Are there any pre-action considerations the parties should take into account?
  • 5. How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
  • 6. What is the typical procedure and timetable for a civil claim?
  • 7. Can the parties control the procedure and the timetable?
  • 8. Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
  • 9. Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
  • More...

Dispute resolution—Malta—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to dispute resolution in Malta published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: MAMO TCV Advocates—Joseph Camilleri

1. What is the structure of the civil court system?

The Maltese Civil Court system is subdivided into inferior and superior courts. The inferior courts are divided into the Court of Magistrates (Malta) and Court of Magistrates (Gozo), each dealing with claims under €15,000 arising within their territory (the islands of Malta and Gozo respectively). The superior courts are the First Hall Civil Court, which deals with claims over €15,000 and other civil claims that are not value-connected (for instance, claims related to rights over immovables). The Court of Magistrates (Gozo) also sits in its superior jurisdiction equivalent to the jurisdiction of the First Hall Civil Court in Malta. The other superior courts are the Court of Appeal (Inferior Jurisdiction) composed of one judge for appeals from judgments of the Courts of Magistrates and from decisions by certain administrative tribunals, and the Court of Appeal (Superior Jurisdiction), composed of three judges, hearing appeals from the First Hall Civil Court and the Court of Magistrates (Gozo) in its superior jurisdiction sitting. In addition, the First Hall Civil Court (Family Section) deals with family law matters, the First Hall Civil Court

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