Home | Databases | WorldLII | Search | Feedback Maltese Laws

The Judicial Actions (Various Measures) Act, 2005 (Bill No. 50)

A BILL

entitled

AN ACT to implement various measures related to judicial actions and other administrative measures connected therewith.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same as follows>

Short title and commencement.

Amendment of Code of Organization

and Civil Procedure, Cap. 12.

Amendment of article 117 of the Code.

1. (1) The short title of this Act is the Judicial Actions (Various
Measures) Act, 2005.
(2) This Act shall come into force on such date as the Minister responsible for justice may by notice in the Gazette appoint, and different dates may be so appointed for different provisions and different purposes of this Act.
PART I
2. This Part amends and shall be read and construed as one with the Code of Organization and Civil Procedure, hereinafter in this Part referred to as “the Code”.
3. In article 117 of the Code, for the word “writ of summons”
there shall be substituted the word “application”.
4. In sub-article (1) of article 125 of the Code, the words “writ of summons or” shall be deleted.
5. Article 152 of the Code shall be amended as follows>
(a) in sub-article (2) for the marginal note thereto there shall be substituted the following marginal note>
“Notice to be by application.”< and
(b) in sub-article (2) for the word “summons” there shall be substituted the word “application”.
6. In the heading of Title II of Part I of Book Second of the Code, immediately before article 154, for the words “Of the Mode of Procedure by Writ of Summons” there shall be substituted the words “Of the Mode of Procedure by Application”.
7. Article 154 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Proceedings by application.”< and
(b) in sub-article (1), for the words “The procedure is said to be by writ of summons” there shall be substituted the words “The procedure by application is considered to institute a cause” and for the words “contained in the writ of summons” there shall be substituted the words “contained in the application”.
8. Article 155 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Form of application.”< and
(b) for the words “The writ of summons shall be” there shall be substituted the words “The application shall be”.
9. Article 156 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
C 341

Amendment of article 125 of the Code.

Amendment of article 152 of the Code.

Amendment of the heading of Title II of Part I of Book

Second of the Code.

Amendment of article 154 of the Code.

Amendment of article 155 of the Code.

Amendment of article 156 of the Code.

C 342

Cap. 79.

“Drawing up and contents of application.”<
(b) for sub-article (1) there shall be substituted the following sub-article>
“(1) The application shall be prepared by the plaintiff and shall contain -
(a) a statement which gives in a clear and explicit manner the subject of the cause in separate numbered paragraphs, in order to emphasise his claim and also declare which facts he was personally aware of<
(b) the cause of the claim<
(c) the claim or claims, which shall be numbered.”<
(c) in sub-article (2) for the words “with the writ of summons” there shall be substituted the words “with the application”<
(d) for sub-article (3) there shall be substituted the following> “(3) The application shall be confirmed on oath before
the registrar or legal procurator appointed as Commissioner
for Oaths under the Commissioners for Oaths Ordinance.”< (e) for sub-article (5) there shall be substituted the following>
“(5) Where several actions are brought together as provided in sub-articles (3), (4) and (5) of article 161, it shall at least be one of the plaintiffs who shall confirm on oath before the registrar or the legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance, and the provisions of sub-article 1(a) of this article shall apply.”<
(f) for sub-article (6) there shall be substituted the following> “(6) The application shall be served on the defendant
.”< and
(g) for sub-article (7) there shall be substituted the following>
“(7) The registrar shall not receive any application which does not satisfy the elements of sub-article (1) of this article and the court shall not allow any witness to be produced unless his name shall have been given together with the application.”.
10. Article 157 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Service of application.”<
(b) for the words “a copy of the writ of summons and of the declaration and of any affidavit of the plaintiff to be served on the defendant” there shall be substituted the words “a copy of the application, any affidavit of the plaintiff and of the documents attached with the application”.
11. Article 158 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Reply and note of admission, filing etc.”<
(b) in sub-article (1), for the words “statement of defence”
there shall be substituted the word “reply”<
(c) in sub-article (3), for the words “statement of defence”
there shall be substituted the word “reply”<
(d) immediately after paragraph (b) of sub-article (3) there shall be added the following new paragraph>
“(c) the defendant, or one of the defendants if there are more than one defendant, shall also confirm on oath in the reply with numbered paragraphs, all the facts concerning the claim, denying, admitting or explaining the circumstances of fact set out in plaintiff’s declaration, while stating which facts are within his own knowledge.”<
(e) for sub-article (4) there shall be substituted the following> “(4) The reply shall be confirmed on oath before the
registrar or legal procurator appointed as Commissioner for
C 343

Amendment of article 157 of the Code.

Amendment of article 158 of the Code.

C 344

Amendment of article 159 of the Code.

Oaths under the Commissioners for Oaths Ordinance. The defendant shall also indicate the names of the witnesses he intends producing and to state with regard to each one of them what he intends proving by means of their evidence. There shall also be filed together with the reply such documents as may be required to sustain the pleas.”<
(f) in sub-article (5) for the words “statement of defence” there shall be substituted the word “reply” and for the words “such declaration and any such affidavit, as mentioned in sub-article (4)” there shall be substituted the words “the listed requirements in sub-article (3) of this article,”<
(g) in sub-article (8) for the words “statement of defence and declaration” there shall be substituted the word “reply”<
(h) in sub-article (10) for the words “statement of defence and declaration” and “statement and declaration” there shall be substituted the word “reply” respectively<
(i) in sub-article (11) for the words “The statement of defence” there shall be substituted the words “The reply”<
(j) in sub-article (12) for the words “statement of defence”
there shall be substituted the words “reply”< and
(k) in sub-article (13) for the words “statement of defence” there shall be substituted the words “reply” and for the words “statement of defence and declaration” there shall be substituted the words “reply”.
12. Article 159 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“The application and the reply not to contain comments or superfluous matter.”< and
(b) in sub-article (1) for the words “the writ of summons and the statement of defence” there shall be substituted the words “the application and the reply”, and for the words “as regards the writ of summons” there shall be substituted the words “as regards the application”, and for the words “as regards the statement of defence.” there shall be substituted the words “as regards the reply.”.
13. In article 160 of the Code, for the words “with the writ of summons or the statement of defence” there shall be substituted the words “with the application or the reply”.
14. For article 161 of the Code there shall be substituted the following>
“161. In the Superior Courts and in the Courts of Magistrates in Malta and in Gozo, proceedings are ordinarily taken by application.”.
15. Article 164 of the Code shall be amended as follows>
(a) sub-article (1) shall be renumbered as the whole article and the words “by writ of summons or” shall be deleted< and
(b) sub-article (2) shall be deleted.
16. Article 167 of the Code shall be amended as follows>
(a) in sub-article (1) for the words “to pray in the writ of summons” there shall be substituted the words “to pray in the application”<
(b) for the first proviso to sub-article (1), there shall be substituted the following>
“Provided that the plaintiff shall in his discretion declare that to his knowledge, the defendant does not have any pleas to make against the claim>”<
(c) in sub-article (2) for the words “the writ of summons”
there shall be substituted the words “the application”< and
(d) in sub-article (3) for the words “such writs of summons”
there shall be substituted the words “such applications”.
17. In article 168 of the Code, for the words “With the writ of summons” there shall be substituted the words “With the application” and for the words “together with the writ of summons” there shall be substituted the words “together with the application”.
18. Article 169 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
C 345

Amendment of article 160 of the Code.

Amendment of article 161 of the Code.

Amendment of article 164 of the Code.

Amendment of article 167 of the Code.

Amendment of article 168 of the Code.

Amendment of article 169 of the Code.

C 346

Amendment of article 169A of the Code.

Amendment of article 171 of the Code.

Amendment of article 174 of the Code.

Amendment of article 178 of the Code.

Amendment of article 181A of the Code.

Amendment of article 181B of the Code.

Amendment of article 187 of the Code.

Amendment of article 208 of the Code.

Amendment of article 213 of the Code.

Amendment of article 219A of the Code.

Amendment of article 235 of the Code.

“Time for service of application.”< and
(b) for the words “the writ of summons” there shall be substituted the words “the application”.
19. In article 169A of the Code, for the words “The writ of summons” there shall be substituted the words “The application”.
20. In sub-article (1) of article 171 of the Code, for the words
“writ of summons” there shall be substituted the word “application”.
21. In sub-article (1)(d) of article 174 of the Code, for the words
“writ of summons” there shall be substituted the words “application”.
22. Article 178 of the Code shall be amended as follows>
(a) sub-article (1) shall be renumbered as the whole article and after the words “The written pleadings” there shall be added the words “and the applications”< and
(b) sub-article (2) shall be deleted.
23. In sub-article (2) of article 181A of the Code, for the words “statement or pleading.” there shall be substituted the words “reply or pleading.”.
24. In sub-article (3) of article 181B of the Code, the words “or statement of defence” shall be deleted.
25. In the proviso to sub-article (8) of article 187 of the Code, the words “and writs of summons” shall be deleted.
26. In sub-article (2) of article 208 of the Code, for the words
“file the statement” there shall be substituted the words “file the reply”.
27. In article 213 of the Code, for the words “in the writ of summons” there shall be substituted the words “in the application” and for the words “same writ of summons” there shall be substituted the words “same application”.
28. In sub-article (2) of article 219A of the Code, the words “writ of summons or” shall be deleted.
29. Article 235 of the Code shall be amended as follows>
(a) for the marginal note “or by summons at any time” there shall be substituted the following marginal note>
“or by application at any time.”< and
(b) in the second proviso for the words “writ of summons”
there shall be substituted the word “application”.
30. In sub-article (1) of article 249 of the Code, for the words “by writ of summons” there shall be substituted the words “by application”.
31. Article 263 of the Code shall be amended as follows>
(a) in sub-article (1), for the words “by writ of summons”
there shall be substituted the words “by application”< and
(b) in sub-article (2), for the words “writ of summons” there shall be substituted the words “application”.
32. In sub-article (1) of article 329 of the Code, for the words “by writ of summons” there shall be substituted the words “by application”.
33. In sub-article (2) of article 381 of the Code, for the word
“writ of summons” there shall be substituted the word “application”.
34. In article 392 of the Code, for the word “by writ of summons”
there shall be substituted the words “by application in terms of article
156”.
35. Article 398 of the Code shall be amended as follows>
(a) in sub-article (1), for the words “in the statement of defence where proceedings are by writ of summons, or in the written reply to the application where proceedings are by application.” there shall be substituted the words “in the written reply to the application.”< and
(b) in sub-article (3), for the words “by writ of summons” there shall be substituted the words “by application”, for the words “in a statement of defence” there shall be substituted the words “in a reply”, for the words “of a writ of summons” there shall be substituted the words “of an application” and for the words “that statement of defence” there shall be substituted the words “that reply”.
C 347

Amendment of article 249 of the Code.

Amendment of article 263 of the Code.

Amendment of article 329 of the Code.

Amendment of article 381 of the Code.

Amendment of article 392 of the Code.

Amendment of article 398 of the Code.

C 348

Amendment of article 403 of the Code.

Amendment of article 407 of the Code.

Amendment of article 410 of the Code.

Amendment of article 411 of the Code.

Amendment of article 412 of the Code.

Amendment of article 414 of the Code.

Amendment of article 461 of the Code.

Amendment of article 462 of the Code.

Amendment of article 463 of the Code.

36. In article 403 of the Code, for the words “by writ of summons”
there shall be substituted the words “by application”.
37. In article 407 of the Code, for the words “in the writ of summons” there shall be substituted the words “in the application”.
38. In article 410 of the Code, for the words “writ of summons”
there shall be substituted the words “application”.
39. Article 411 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Perpetual silence to apply only to jactitation referred to in application.”< and
(b) for the words “in the writ of summons” there shall be substituted the words “in the application”.
40. In article 412 of the Code, for the words “writ of summons”
there shall be substituted the words “application”.
41. In article 414 of the Code, for the words “by writ of summons”
there shall be substituted the words “by application”.
42. In article 461 of the Code, for the words “writ of summons”
there shall be substituted the word “application”.
43. In article 462 of the Code, for the words “by writ of summons”
there shall be substituted the words “by application”.
44. Article 463 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
and
“Person against whom application is to be directed.”<
(b) for the words “writ of summons” there shall be substituted the word “application”.

Amendment of article 464 of the Code.

45. Article 464 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“When application is to be directed against official curators.”<
(b) in sub-article (1) for the words “writ of summons” there shall be substituted the word “application”<
(c) in sub-article (3) for the marginal note thereto there shall be substituted the following marginal note>
“Posting up of copy of application.”< and
(d) in sub-article (3) for the words “writ of summons” there shall be substituted the word “application”.
46. In article 467 of the Code, for the words “writ of summons”
there shall be substituted the word “application”.
47. Article 533 of the Code shall be amended as follows>
(a) in sub-article (1) for the words “by summons” there shall be substituted the words “by application”< and
(b) in sub-article (2) for the words “of the said summons”
there shall be substituted the words “of the said application”.
48. Article 546 of the Code shall be amended as follows>
(a) for the words in the marginal note “by summons” there shall be substituted the words “by application”<
(b) in sub-article (1) for the words “by summons” there shall be substituted the words “by application”< and
(c) in sub-article (2) for the words “The summons” there shall be substituted the words “The application”.
49. Article 728 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Pleas to be raised in the answer.”< and
C 349

Amendment of article 467 of the Code.

Amendment of article 533 of the Code.

Amendment of article 546 of the Code.

Amendment of article 728 of the Code.

C 350

Amendment of article 736 of the Code.

Amendment of article 811 of the Code.

Amendment of article 815 of the Code.

Amendment of article 816 of the Code.

Amendment of article 823 of the Code.

Amendment of article 826 of the Code.

(b) in sub-article (1), the words “in the note of pleas or”
shall be deleted.
50. Article 736 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Judge to sign applications or warrants despite being otherwise precluded from dealing with cause.”< and
(b) for the word “writ of summons” there shall be substituted the word “application”.
51. In sub-article (b) of article 811 of the Code for the words
“writ of summons” there shall be substituted the words “application”.
52. In article 815 of the Code, the words “, by means of a writ of summons,” shall be deleted.
53. Article 816 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Contents of application.”< and
(b) for the words “In the writ of summons or application”
there shall be substituted the words “In the application”.
54. Article 823 of the Code shall be amended as follows>
(a) in sub-article (2), for the words “by application before the Court of Appeal and by writ of summons before the court of first instance” there shall be substituted the words “by application both before the Court of Appeal and before the court of first instance”< and
(b) in sub-article (4) for the words “writ of summons” there shall be substituted the words “application”.
55. In article 826 of the Code for the words “a writ of summons”
there shall be substituted the words “an application”.
56. In sub-article (9) of article 836 of the Code for the words “by writ of summons” there shall be substituted the words “by application”.
57. In sub-article (3) of article 894 of the Code the words “or by writ of summons” and “or in the writ of summons” shall be deleted.
58. In sub-article (1)(c) of article 925 of the Code for the words “writs of summons, statements of defence,” there shall be substituted the word “applications, replies,”.
59. In sub-article (2) of article 944 of the Code for the words “by writ of summons” there shall be substituted the words “by application”.
60. In sub-article (1) of article 946 of the Code for the words “by writ of summons” there shall be substituted the words “by application”.
61. In article 962 of the Code the words “writ of summons or”
and “, as the case may be,” shall be deleted.
62. In sub-article (2) of article 963 for the words “writ of summons” there shall be substituted the words “application”.
63. Schedule A to the Code shall be amended as follows> (a) in Tariff A -
(i) in sub-article (1) of article 2 for the words “statement of defence” there shall be substituted the word “reply”<
(ii) in sub-article (2) of article 2 for the words “statement of defence” there shall be substituted the word “reply”< and
(iii) in sub-article (1) of article 3 the words “, writ of summons” shall be deleted< and
(b) in Tariff E -
(i) in article 16 for the words “in the writ of summons”
there shall be substituted the words “in the application”<
(ii) in article 17 for the words “in the writ of summons”
there shall be substituted the words “in the application”<
C 351

Amendment of article 836 of the Code.

Amendment of article 894 of the Code.

Amendment of article 925 of the Code.

Amendment of article 944 of the Code.

Amendment of article 946 of the Code.

Amendment of article 962 of the Code.

Amendment of article 963 of the Code.

Amendment of Schedule A to the Code.

C 352

Amendment of Schedule B to the Code.

Amendment of the Commercial Code, Cap. 13.

Amendment of articles 41, 47, 484,

497, 515 and 523 of the Code.

Amendment of the

Civil Code, Cap. 16.

Amendment of articles. 92, 211,

223, 253, 257A,

366, 1357, 1528,

1541, 1578, 1602,

1603 and 2026 of the Code.

(iii) in paragraph (i) of article 28 the words “the writ of summons or” shall be deleted<
(iv) in paragraph (i) of article 33 the words “, the writ of summons, the statement of defence” shall be deleted< and
(v) in paragraph (c) of article 43 for the word “a writ of summons” there shall be substituted the words “an application”.
64. Form No. 6 in Schedule B to the Code shall be deleted.
PART II
65. This Part amends and shall be read and construed as one with the Commercial Code, hereinafter in this Part referred to as “the Code”.
66. The Code shall be amended as follows>-
(a) in sub-article (2) of article 41, in sub-article (2) of article
47, in sub-article (3) of article 484, in sub-article (3) of article 515 and in sub-article (1) of article 523, for the words “writ of summons” wherever it appears there shall be substituted the word “application”< and
(b) in article 497, for the words “a writ of summons” there shall be substituted the words “an application”.
PART III
67. This Part amends and shall be read and construed as one with the Civil Code, hereinafter in this Part referred to as “the Code”.
68. The Code shall be amended as follows>
(a) in sub-article (2) of article 92, in articles 211, in sub- article (4) of article 253, in sub-article (3) of article 257A, in sub- article (2) of article 1357, in article 1528, in sub-article (1) of article
1541 and in articles 1578, 1602, 1603 and 2026, for the words
“writ of summons” there shall be substituted the word
“application”<
(b) in article 223, for the words “a writ of summons” there shall be substituted the words “an application”< and
(c) in sub-article (2) of article 366, for the words “upon a writ of summons” there shall be substituted the words “upon an application”.
69. In Form B in Part II of the Schedule to the Code, for the words “a writ of summons” there shall be substituted the words “an application” and for the words “said writ of summons” there shall be substituted the words “said application”.
PART IV
70. This Part amends and shall be read and construed as one with the Arbitration Act, hereinafter in this Part referred to as “the principal Act”.
71. In sub-article (3) of article 4 of the principal Act the words “< the Attorney General shall be an ex officio member of the Board” shall be deleted.
72. In sub-article (1) of article 9 of the principal Act for the words “under this Act.” there shall be substituted the words “under this Act>” and immediately thereafter there shall be added the following proviso>
“Provided that the registrar may exercise any one or more of his functions under this Act or under rules made thereunder both directly and through a person who is authorised for such purpose by the Board.”.
73. For sub-article (2) of article 70B of the principal Act there shall be substituted the following>
“(2) Subject to the specific provisions of article 6 of Part B of the Fourth Schedule to this Act, an appeal must be brought within fifteen days of the receipt of the final award or, if there has been an arbitral process of appeal or review, of the date when the party was notified of the result of that process or the process was otherwise completed or the time for it has elapsed.”.
74. Part B of the Fourth Schedule to the principal Act shall be amended as follows>
C 353

Amendment of

Form B in Part

II of the Schedule to the Code.

Amendment of the Arbitration Act, Cap. 387.

Amendment of article 4 of the principal Act.

Amendment of article 9 of the principal Act.

Amendment of article 70B of the principal Act.

Amendment of Part B of the Fourth Schedule to the principal Act.

C 354
(a) for articles 2 and 3 there shall be substituted the following articles>
“2. The arbitral tribunal shall be composed of one arbitrator unless the parties agree that it shall be composed of three arbitrators and notify the Centre within thirty days of the receipt by the respondent of the notice of arbitration<
3. The sole arbitrator, or any of the members of the arbitral tribunal when it is composed of three arbitrators, shall be appointed by the Chairman of the Centre in accordance with the provisions of the Act unless the Centre is notified of the appointment of an arbitral tribunal within thirty days of the receipt by the respondent of the notice of arbitration<”< and
(b) immediately after article 5 there shall be added the following new articles>
“6. The award shall be deemed to have been received by the parties on the date when it is delivered in open tribunal.
7. The provisions of Title IX of Book First and of Title XI of Book Third of the Code of Organization and Civil Procedure and any other provision of that Code relating to curators, shall mutatis mutandis apply to the disputes referred to in this Schedule.”.

Objects and Reasons

The main object of this Bill is to substitute the writ of summons by an application as the judicial act whereby proceedings are instituted in the filing of a court case, and also in order that powers may be given to the Malta Arbitration Centre.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Prezz 64ç – Price 64c