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Setting up of the Civil Court, First Hall, Commercial Section


From: Ministry for Justice, Culture and Local Government
​Published: ​26 June 2017
Running till: ​24 July 2017
​Last Updated: ​17 October 2017


The following is the Outcome Report with reference to this Public Consultation:

Final Report by Experts.pdfFinal Report by Experts.pdf


1.        Background
The Ministry for Justice, Culture and Local Government is launching a public consultation on the setting up of a Commercial Section, within the Civil Court, First Hall with the aim of improving the quality and efficiency of the judicial process in respect of commercial cases.
The draft Bill, entitled Code of Organisation and Civil Procedure (Amendment) (No.2) Act of 2017, proposes that claims regulated by the Companies Act (Chp 386) will fall within the specific competence of this specialized section.  Claims filed under this new system will relate to:
- Bankruptcy (Falliment)
- Warrant of Seizure
- Warrant of Prohibitory Injunction (Mandat ta' Inibizzjoni)
- Point of Law - Companies (Punt ta' Liġi - Kumpanniji)
- Application Art 300B, Chp 386 - Restoration of company name on register (Rikors Art 300B Kap 386)
- Application Art 325, Chp 386 - Defunct companies (Rikors Art 325 kap 386)
- Application Art 214, Act XXV of 1995 - (Rikors Art. 214 - Att XXV_1995)
- Application Art 402, Act XXV of 1995 - (Rikors Art. 402 Att XXV_1995)
- Sospensjoni Eżekuzzjoni Kambjali
- Winding Up (Stralc)
Furthermore, these legislative amendments will be accompanied by enhancements in the court automation procedures that will introduce the online filing of the initial complaints and the electronic payment of fees.
2.        Consultation Questions
1.  Do you agree with the setting up of the Civil Court, First Hall, Commercial Section?
2.  The Commercial Section will have the jurisdiction to hear and decide cases filed under The Companies Act.  Do you envisage that the remit of this section could expand further?
3.  In your opinion, are there any other operational or legislative changes that need to be addressed concurrently with the setting up of this section, in order to enhance the efficient disposition of cases throughout the whole judicial process?
4.  Do you envisage that the law can regulate the number of adjournments, or that adjournments become limited only to unforseen circumstances?
5.  Would you agree with the introduction of a pre-trial conference system that would ensure that a case would be heard expeditiously?
3.        Documents
4.        Submission of input
Submissions were sent in through the following channels:
By filling the online form.
By post:    Director Policy Development and Policy Implementation, MJCL, Palazzo Spinola, Triq San Kristofru, Valletta.
Submissions were received by 24th July 2017.
We thank you for your input.

Data Protection Statement Data Protection Act (Chapter 440)

The Data Protection Act, 2001 regulates the processing of personal data whether held electronically or in manual form. The Ministry for Social Dialogue, Consumer Affairs and Civil Liberties collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Act.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the Data Protection Act (Cap 440).
In addition, please be aware of:
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.

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