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Academy Documents

Please access the Students' Policies & Forms through this link. The following documents are all available at the link: Student Handbook, Student Code of Conduct,  Students' Privacy Notice, Deferral, Suspension, and Cancellation Policy, Assignment Extension Policy, Re-Sit Policy, Complaints Procedure Policy, Equality Policy, and Student Disciplinary Policy.

Online Sessions Link

To connect to the online sessions of this module, please click on this link . You will be asked to register your attendance if you are not already signed in into your Zoom account. You will also be asked for the password, which is below.

Meeting ID: 845 0024 7677
Passcode: 161082

Make sure that you show up with your name and surname as you have been registered for the study programme. This is very important for attendance purposes

Oral Exam Sessions Link

Oral Exam Link

Meeting ID: 848 7361 7948
Passcode: 873538

Lecture Schedule & Notes

Lecture notes will be available during the week following the respective lecture. Schedule dates are indicative and may change. All changes, if any, may be communicated via email, SMS or telephone calls.

Lecturer/s  

Dr Martina Caruana

Dr Emma Portelli Bonnici

Lecture Summaries & Suggested Reading 

Lecture 1 - Court Structure & Competences

Following this session students will learn:

• A concise overview of the Court System.
• An exploration of the Civil Court's diverse sections, including the First Hall, Family Section, Commercial Section, Action Recovery Section, and Voluntary Jurisdiction Section.
• Insight into higher judicial bodies: The Court of Appeal, The Constitutional Court, the Court of Magistrates, and the Small Claims Tribunal, along with other specialized Tribunals/Boards.
• A detailed analysis of Alternative Dispute Resolution and the pivotal role of the Court of Magistrates.
• An examination of the Juvenile Court, Criminal Court, and Court of Criminal Appeal.
• Integration of practical examples to apply the theoretical knowledge gained.

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 2 - Judicial Acts & Certain Special Proceedings

Following this session students will learn about:

• A comprehensive review of laws pertaining to judicial letters, focusing on Article 166A judicial letters, and judicial protests.
• Detailed insights into the structure and contents of a sworn application, sworn reply, and counter-claim.
• An exploration of special summary proceedings and jactitation suits, including their applicability and typical circumstances for use.
• An examination of the legal prerequisites and procedures for appeals, cross-appeals, and retrials.

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 3 - Drafting of Judicial Acts

Following this session students will learn:

• How to draft:
  • Judicial letters, including judicial letters in terms of Article 166A of the COCP;
  • Judicial protests;
  • Sworn applications;
  • Sworn replies and counter-claims;
  • Appeals, appeal replies, and cross-appeals.

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 4 - Precautionary Acts & Precautionary Warrants

Following this session students will learn:

• An outline of the scope, available precautionary warrants, and the objectives of precautionary acts.
• Fundamental principles governing the filing of precautionary acts.
• Criteria for the revocation of precautionary warrants.
• Guidelines on damages and conditions under which a precautionary warrant may be denied.
• An overview of the Warrant of Description and Warrant of Prohibitory Injunction.
• Examination of cases pertaining to personal separation or divorce.

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 5 - Precautionary Acts & Precautionary Warrants

Following this session students will learn:

• Warrant of Seizure – what is not subject to seizure, scope of warrant of seizure, obligations for obtaining a warrant of seizure and the role of the court executing officer;
• Warrant of Seizure of a Commercial Going Concern – the scope, the demand and issuing of the warrant and applicable general provisions.
• Content and Execution of Garnishee Order, Duties of Garnishee, Property not subject to Garnishee Order, applicable general provisions and Judicial Sequestration.
• The Requirements, Content and Effects for a Warrant of Arrest of a Sea Vessel.
• The Warrant of Arrest for an Aircraft, The Limitations for issuing a Warrant of Arrest for an Aircraft, The Effects and Contents of a Warrant for Arrest on an Aircraft .
• ;

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 6 - Executive Titles & Executive Warrants

Following this session students will be learn:

• What is an executive title;
• The different types of executive titles;
• The rules relating to execution and enforcement;
• Enforcement of Executive Titles;
• Which are the Executive Acts, the general provisions and rules of Executive Acts;
• The Warrant of Seizure of Moveable Property, the Warrant of Seizure of Immovable Property, the Warrant of Seizure of a Going Concern

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 7 - Drafting of Precautionary and Executive Warrants, Counter-warrants and applications for revocation of Warrants

Following this session students will learn:

How to draft:

• Precautionary warrants;
• Executive warrants;
• Counter-warrants;
• Applications for revocation of precautionary warrants;
• Applications for revocation of executive warrants.

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 8 - Judicial Procedure

Following this session students will learn:

Following this session students will be learn:

• An overview of the rules relating to judicial procedure, including:
  • The rules of evidence;
  • Summoning witnesses, witnesses testimony and the questions asked;
  • Cross Examination and Re-Examination;
  • Questions on the credibility of the witness, witnesses compelled to answer, notes of the evidence and employment of an interpreter;
  • Hearsay Evidence;
  • The role of judicial assistants;
  • Letters of request, avvidavit, evidence by video conferencing;
  • Documentary Evidence;
  • Acts of Foreign Governments, acts that require proof of authenticity, acts and registers of foreign notaries and authentic copies;
  • Demand for the production of documents and demand for the production of evidence;

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 9 - Judicial Procedure

Following this session students will learn:

• An overview of the rules relating to judicial procedure, including:
  • Judical Interest, Court of Appeal Application 621/2001/1, First Hall Civil Court Application 12/2009, Court of Appeal Application 18/1999/1, Court of Appeal 1251/94, Court of Appeal Application 535/10;
  • Joinder;
  • Court of Appeal Application 1217/09, Civil Court First Hall 100/2016, Court of Appeal Application 557/2008;
  • Desertion;
  • Court of Appeal Application 162/17, Payment of Security, Non Appearance, Before 2021 Amendments and Juratory Caution.

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 10 - Judicial Procedure

Following this session students will learn:

• An overview of the rules relating to judicial procedure, including:
  • Panel of Experts/Curators and other;
  • When is a Curator required;
  • Curator to represent deceased, Curator to represent minor or interdicted, Curator to appear in and defend proceedings;
  • Protection against Self Interest/Abuse;
  • Referees and Right to Appeal Appointment of Referee;
  • The Court of Appeal and the Civil Court of Appeal.

Core Reading List

• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• The Maltese Legal System – Volume 1, Professor David Attard

Lecture 11 - Alternative Dispute Resolution

Following this session students will learn:

• General principles of ADR;
• Arbitration – The Malta Arbitration Centre
• Arbitration – Domestic Arbitration – What is Domestic Arbitration, arbitration agreement clause, limitations to arbitration, what is mandatory/ compulsory Domestic Arbitration, Procedure in Arbitration Proceedings, Notice of Arbitration, Appointment of Arbitrators, Statement of Claim and Statement of Defence of Arbitration, Hearing of Proceedings and the Award of Arbitration.

Core Reading List

• Chapter 387 of the Laws of Malta, the Arbitration Act;
• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure;
• Chapter 474 of the Laws of Malta, the Mediation Act.

Lecture 12- Alternative Dispute Resolution

Following this session students will learn:

• International Commercial Arbitration such as arbitration is international, rules of procedure and recourse against an award, recognition and enforcement of awards, and power of the court with respect to arbitration;
• Arbitration such as recognition and enforcement of foreign awards;
• Mediation such as development of mediation in Malta, legislative framework, what is mediation, elements of mediation, voluntary vs obligatory mediation, conceptual aspects, the mediation process, the role the mediator play in the process and misconceptions on mediation, mediation vs litigation and arbitration and applicability of mediation;.

Core Reading List

• Chapter 387 of the Laws of Malta, the Arbitration Act;
• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure;
• Chapter 474 of the Laws of Malta, the Mediation Act.

Lecture 13 - Special proceedings, including judicial review

Following this session students will learn:

• Counterclaim or Reconvention Proceedings such as the First Ground of Reconvention, the Second Ground of Reconvention, the procedure relating to Reconvention, jurisdiction and competence of the court, final general provisions.
• Jactitation Suits such as the requisites of the claim, who can bring the action and against whom it can be brought.
• Competition of Creditors on Competing Claims such as requisites and outcome
• Special Summary Proceedings such as Sworn Application, serving and trial.
• The Judicial Review such as Interpretation of the Subsidiary Nature of the Judicial Review in Preliminary Proceedings and Further Case law.

Core Reading List

• Chapter 16 of the Laws of Malta, the Civil Code
• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure
• Constitution of Malta.

Supplementary Reading List

• Mercieca, G. (2005). Mezzi Straordinarji ta’ Impunjazzjoni ta’ Sentenzi (Doctoral dissertation, University of Malta, 2005). University of Malta.
• Ellul, A. (2003). The Institute of Re-trial. (Doctoral dissertation, University of Malta, 2003). University of Malta.
• Aquilina, K. (2018). The law of judicial review in Malta. Malta: Xlibris Corporation.
• Aquilina, K. (2019). Maltese administrative law: A practical guide. Malta: Xlibris Corporation.
• Farrugia, J. A. (2007). The principles of administrative law. Malta: Xlibris Corporation.

Lecture 14 - The Court of Voluntary Jurisdiction and the Family Section

Following this session students will:

• Voluntary Jurisdiction such as the Constitution, Voluntary Nature and Terms of Authorisation, Competence, Interdiction and Incapacitation, the Publication of the Inventory, the Appointment of Tutors, Curators and Administrators, the Execution of Acts of the Voluntary Jurisdiction and Powers of Voluntary Court of Jurisdiction akin to Contentious Court.
• Family Section such as Introduction, Mediators and Children’s Advocates Instituting Proceedings for Personal Separation
• The Mediation Stage such as who is entrusted to exercise mediation, freedom to select mediator, the children’s advocate, when and is mediation succeeds, when and if mediation fails and duration of mediation
• Family Section such as Provisional Orders issued by the Court Pendente Lite, the pre-trial and trial periods, other cases in which special procedures apply.

Core Reading List

• Chapter 16 of the Laws of Malta, the Civil Code
• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure
• Constitution of Malta.

Supplementary Reading List

• Aquilina, K. (2013). Maltese civil procedure: A practical guide. Malta: Xlibris Corporation.
• Aquilina, K. (2018). The law of judicial review in Malta. Malta: Xlibris Corporation.
• Aquilina, K. (2019). Maltese administrative law: A practical guide. Malta: Xlibris Corporation.
• Farrugia, J. A. (2007). The principles of administrative law. Malta: Xlibris Corporation.
• Mifsud, M. (2006). The law of wills and succession in Malta. Malta: Xlibris Corporation.

Lecture 15 - Pleas

Following this session students will:

• Understand an introduction to pleas, peremptory and dilatory pleas, temporary effect and the stage where the pleas could be raised.
• Understand the principle of Juria Novia Curia, the standards of judges and magistrates, the pleas to jurisdiction, the pleas as to the capacity of the plaintiff or defendant and the plea of nullity of judicial acts and judgements.
• Understand pleas in spoliation suits, plea of lis alibi pendens and plea of connection of action, the plea of the benefit of discussion, plea of falsification, plea of change parties by death, plea of parties due to other causes.
• Understand nullity, nullity as expressly declared by law, act emanates from an incompetent court, act contains a violation of the form, act is defective in any of the essential particulars expressly prescribed by law and plea of nullity by judgments.
• Understand the plea to res judicata, the sources, the requisites, the identity of the persons, what constitutes the identity of the parties, what constitutes the identity of the object, how should the identity of the object be established, the cause of the claim and the effects of res judicata.

Core Reading List

• Chapter 16 of the Laws of Malta, the Civil Code
• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure

Supplementary Reading List

• Gauci, J. (2006). The Nature of Pleas in Maltese Civil Procedure. (Doctoral dissertation, University of Malta, 2006). University of Malta.
• Aquilina, J. (1997). The Burden of Proof in the Civil Process (Doctoral dissertation, University of Malta, 1997). University of Malta.
• Said Pullicino, J. The Civil Action with Special Reference to the element of Interest. (Doctoral dissertation, University of Malta). 1961.
• Grech, H. (1986). Intervention and Joinder of parties (Doctoral dissertation, University of Malta, 1986). University of Malta.
• Aquilina, K. (2013). Maltese civil procedure: A practical guide. Malta: Xlibris Corporation.
• Farrugia, J. A. (2007). The principles of civil procedure. Malta: Xlibris Corporation.
• Mifsud, M. (2005). The law of evidence in Malta. Malta: Xlibris Corporation.

Lecture 16 - Claims against the Government

Following this session students will:

• Understand the principles governing claims against the government in Malta, including the doctrines of state immunity and sovereign immunity and jurisprudence.Know the procedures for initiating a claim against the government, including the requirements for filing a petition and serving notice on the appropriate government agency.Understand the specific situations where the waiting period and written notice do not apply and the proceedings to debts due to government.Be familiar with the case of Paul Gauci on behalf of E and G Properties Limited vs Superintendent of Cultural Heritage.

Core Reading List

• Chapter 16 of the Laws of Malta, the Civil Code
• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure
• Constitution of Malta.

Supplementary Reading List

• Mifsud Bonnici, G. (2009). Constitutional Procedure Relative to Fundamental Rights and Freedoms. Mireva.
• Attard, D. J., Prof. (2015). The Maltese Legal System: Constitutional and Human Rights law (Part A, Volume II). Malta University Press.
• Aquilina, K. (2013). Maltese civil procedure: A practical guide. Malta: Xlibris Corporation.
• Farrugia, J. A. (2007). The principles of civil procedure. Malta: Xlibris Corporation.
• Mifsud, M. (2005). The law of evidence in Malta. Malta: Xlibris Corporation.
• Scicluna, J. (2006). The law of civil procedure in Malta. Malta: Xlibris Corporation.

Lecture 17 - Recognition and Enforcement of Judgements

Following this session students will:

• Understand the enforceability of executive titles, judgments and decreas of the courts of justice, two types of decreas, contracts and taxed bills of judicial fees and disbursements.
• Understand the procedure for enforceability when the debtor is dead.
• Understand the provisional enforcement of judgements and effects of revocation or variation.
• Understand judgements which are always provisionally enforceable and judgements which are never provisionally enforceable.
• Understand the requirements of a judgement, internal requisites, and external requisites, types of judgements.
• Understand decreas, interlocutory decrees, interlocutory decrees vs judgements, and appeals from decrees.

Core Reading List

• Chapter 16 of the Laws of Malta, the Civil Code
• Chapter 12 of the Laws of Malta, the Code of Organisation and Civil Procedure
• Constitution of Malta.

Supplementary Reading List

• Borg, T., Dr. (2016). A Commentary on the Constitution of Malta. Kite.
• Aquilina, K. (2013). Maltese civil procedure: A practical guide. Malta: Xlibris Corporation.
• Farrugia, J. A. (2007). The principles of civil procedure. Malta: Xlibris Corporation.
• Mifsud, M. (2005). The law of evidence in Malta. Malta: Xlibris Corporation.
• Mifsud, M. (2006). The law of wills and succession in Malta. Malta: Xlibris Corporation.
• Scicluna, J. (2006). The law of civil procedure in Malta. Malta: Xlibris Corporation.

Methods of Assessment

Oral Examination 100% of final score

Oral Examination

Oral Examination 100% of final score

The date and time of the Oral Examination will be agreed upon between the examiner and the students, but this will be expected to take place with a fortnight after the last session of the module has been delivered.

Examiners are provided with 21 Academy's Oral Examination Rubric Notes to Examiners which is also made available to the students sitting for an oral examination so that they can understand better what to expect during the examination. Scoring during the Oral Examination is carried out on 21 Academy's Oral Examination Rubric in accordance with the Oral Examination Rubric Notes to Examiners.

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