Announcements

Academy Documents

Please access the Students' Policies & Forms through this link. The following documents are all available in 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: 842 2864 2323
Passcode: 385729

Wednesday, March 22, 2023 - Link
Meeting ID: 985 9025 3731
Passcode: 817874

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

Oral Exam Sessions Link

LINK

Meeting ID: 826 3270 3241
Passcode: 330685

Oral Exam Re-Sit Sessions Link

LINK

Meeting ID: 828 0104 8650
Passcode: 050729

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 Jonathan Abela Fiorentino

Dr Kirk Brincau

Dr Martina Caruana

Dr Nicole Fenech

Dr Emma Portelli Bonnici

Dr Erika Taliana

Lecture Summaries & Suggested Reading 

Lecture 1 - Court Structure & Competences - Dr Nicole Fenech

Following this session students will learn:

• A brief introduction of the Court system;
• The constitution of the various courts, tribunals, boards etc;
• The competence of the various courts, tribunals, boards etc;
• A brief introduction of ADR;
• Practical examples and case studies to put the theory learned into practice;

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 - Dr Erika Taliana

Following this session students will learn about:

• An overview of the laws relating to judicial letters (including article 166A judicial letters) and, judicial protests
• The contents of a sworn application, sworn reply and counter-claim
• What is kontumaċja and what are the consequences thereof
• What are special summary proceedings and jactitation suits and, when are these resorted to
• The legal requirements of appeals, cross-appeals and re-trial
• The procedure for appeals including appeals from decrees

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 - Dr Erika Taliana

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 - Dr Nicole Fenech

Following this session students will learn:

• Scope and purpose of precautionary acts;
• General principles on the filing of precautionary acts;
• The various precautionary warrants available and the differences between them;
• How to determine which warrant should be filed according to the circumstances at hand;
• What is expected to be achieved by filing a given warrant;
• Tactical utilisation of precautionary warrants;
• The grounds for revocation of precautionary warrants;
• Damages and penalties for abuse of precautionary 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 5 - Precautionary Acts & Precautionary Warrants - Dr Nicole Fenech

Following this session students will learn:

• Scope and purpose of precautionary acts;
• General principles on the filing of precautionary acts;
• The various precautionary warrants available and the differences between them;
• How to determine which warrant should be filed according to the circumstances at hand;
• What is expected to be achieved by filing a given warrant;
• Tactical utilisation of precautionary warrants;
• The grounds for revocation of precautionary warrants;
• Damages and penalties for abuse of precautionary 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 6 - Executive Titles & Executive Warrants - Dr Jonathan Abela Fiorentino

Following this session students will be learn:

• What is an executive title
• The different types of executive titles including judgments, arbitral awards, article 166A and bills of exchange
• When can an executive title be enforced and in what manner
• A general overview of the different types of executive warrants and how these differ from precautionary warrants
• The different types of executive warrants and how to determine which warrant to be filed in the circumstances
• The contents of executive warrants
• The rules applicable to each executive warrant
• The procedure 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 7 - Drafting of Precautionary and Executive Warrants, Counter-warrants and applications for revocation of Warrants - Dr Jonathan Abela Fiorentino

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 - Dr Erika Taliana

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
  • Documentary evidence
  • Joinder and Intervener
  • The appointment of curators
  • The appointment of referees/experts
  • The role of judicial assistants
  • Desertion

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 - Dr Kirk Brincau

Following this session students will learn:

• An overview of the rules relating to judicial procedure, including:
  • The rules of evidence
  • Documentary evidence
  • Joinder and Intervener
  • The appointment of curators
  • The appointment of referees/experts
  • The role of judicial assistants
  • Desertion

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 - Dr Kirk Brincau

Following this session students will learn:

• An overview of the rules relating to judicial procedure, including:
  • The rules of evidence
  • Documentary evidence
  • Joinder and Intervener
  • The appointment of curators
  • The appointment of referees/experts
  • The role of judicial assistants
  • Desertion

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 - Dr Jonathan Abela Fiorentino

Following this session students will learn:

• General principles of ADR;
• Principles and rules of Arbitration;
• Principles and rules of Mediation;
• Differences and similarities between the various methods of ADR;
• Differences and similarities between the various methods of ADR and traditional litigation;
• Benefits of ADR.

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 - Dr Jonathan Abela Fiorentino

Following this session students will learn:

• General principles of ADR;
• Principles and rules of Arbitration;
• Principles and rules of Mediation;
• Differences and similarities between the various methods of ADR;
• Differences and similarities between the various methods of ADR and traditional litigation;
• Benefits of ADR.

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 - Dr Emma Portelli Bonnici

Following this session students will:

• Understand the various types of special proceedings available in Malta, including judicial review and habeas corpus.
• Know the steps involved in initiating a special proceeding, including filing a petition and serving notice to the opposing party.
• Understand the role of the courts in reviewing decisions made by administrative bodies and other government agencies.
• Know the grounds upon which a decision may be challenged through judicial review, including errors of law, breach of natural justice, and ultra vires actions.
• Be familiar with the standard of review applied by the courts in judicial review cases.
• Understand the role of the Court of Appeal and the Constitutional Court in special proceedings and judicial review cases.
• Know the remedies that may be granted by the courts in judicial review cases.

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 - Dr Martina Caruana

Following this session students will:

• Understand the jurisdiction and powers of the Court of Voluntary Jurisdiction in Malta, including its authority to hear cases involving wills and estates.
• Know the procedures for initiating a case in the Court of Voluntary Jurisdiction, including the requirements for filing a petition and serving notice to the parties involved.
• Understand the role of the court in resolving disputes over the interpretation and administration of wills.
• Be familiar with the procedures for challenging a will in the Court of Voluntary Jurisdiction.
• Know the grounds upon which a will may be challenged, including capacity, undue influence, and fraud.
• Understand the role of the Family Section of the Civil Court in Malta, including its jurisdiction over cases involving marriage, divorce, and child custody.
• Be familiar with the procedures for initiating a case in the Family Section, including the requirements for filing a petition and serving notice to the parties involved.
• Know the grounds for divorce in Malta and the factors that the court may consider in making a determination on the dissolution of a marriage.

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 - Dr Martina Caruana

Following this session students will:

• Understand the role of pleas in the Maltese civil procedure system, including their function as a means of challenging the jurisdiction of the court or the admissibility of a claim.
• Know the different types of pleas that may be raised in a Maltese civil action, including lack of jurisdiction, res judicata, prescription, and lis pendens.
• Understand the procedure for raising a plea, including the timing and manner in which a plea must be filed and served on the opposing party.
• Be familiar with the standard of review applied by the courts in evaluating pleas, including the principle that a plea must be decided on the basis of the facts and arguments presented by the parties.
• Know the consequences of a successful plea, including the dismissal of the action or the transfer of the case to a different court.
• Understand the role of the courts in determining the admissibility of evidence in a civil action, including the rules of relevance and hearsay.
• Be familiar with the different types of evidentiary burdens and the ways in which they may be satisfied in a Maltese civil action.

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 - Dr Martina Caruana

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 the exceptions to these doctrines.
• 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 role of the courts in adjudicating claims against the government, including the application of the principle of proportionality.
• Be familiar with the grounds upon which a claim against the government may be brought, including breach of contract, tortious liability, and human rights violations.
• Know the remedies that may be sought in a claim against the government, including damages, injunctive relief, and declaratory judgments.
• Understand the procedure for appealing a decision in a claim against the government, including the grounds for appeal and the standard of review applied by the courts.
• Be aware of the time limits for initiating a claim against the government in Malta.

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 - Dr Emma Portelli Bonnici

Following this session students will:

• Understand the principles and procedures governing the recognition and enforcement of foreign judgements in Malta.
• Know the types of judgments that may be recognised and enforced in Malta, including judgements of foreign courts, arbitration awards, and EU judgements.
• Understand the procedure for initiating the recognition and enforcement of a foreign judgement in Malta, including the requirements for filing a petition and serving notice on the opposing party.
• Be familiar with the grounds upon which the recognition and enforcement of a foreign judgement may be challenged, including lack of jurisdiction, public policy, and the defense of lis pendens.
• Know the remedies that may be sought in the recognition and enforcement of a foreign judgement, including injunctive relief and damages.
• Understand the role of the courts in deciding disputes over the recognition and enforcement of foreign judgements, including the standard of review applied by the courts.
• Be aware of the time limits for initiating the recognition and enforcement of a foreign judgement in Malta.

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 student, 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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