Malta
Answer ... The Maltese courts are divided into inferior and superior courts. The latter are presided over either by a single judge or by a chamber of three judges; while the former are presided over by a magistrate.
The inferior courts are the Court of Magistrates (Malta) and the Court of Magistrates (Gozo), sitting in their inferior jurisdiction. These hear both criminal proceedings and commercial matters regarding monetary claims of between €5,001 and €15,000. Any pecuniary claims of less than €5,000 are heard by a tribunal (the Small Claims Tribunal).
The rest of the Maltese courts are of a superior jurisdiction.
The Civil Court is divided into four sections:
- the General Jurisdiction Section (known as the First Hall of the Civil Court);
- the Family Section;
- the Commercial Court Section; and
- the Voluntary Jurisdiction Section.
The First Hall deals with all matters, civil and commercial, which are not by special provision of law assigned to be tried and determined by another court. The First Hall also handles all cases at first instance regarding violations of constitutional rights. Monetary claims above €15,001 are also determined by the First Hall. In Gozo, being another island forming part of the Maltese archipelago, the jurisdictional competences exercised by the First Hall in Malta are exercised by the Court of Magistrates (Gozo) in its superior jurisdiction. The Family Section, as the name suggests, deals with matters regarding family law. The Commercial Section determines matters regarding corporate law disputes. The Voluntary Jurisdiction Section generally deals with non-contentious matters.
Appeals of judgments delivered by the First Hall are heard by the Court of Appeal in its superior jurisdiction, composed of three judges. Appeals of constitutional cases are heard by the Constitutional Court, also composed of three judges. Appeals of a judgment issued by any other court, board or tribunal are heard by the Court of Appeal in its inferior jurisdiction, which is presided over by one judge.
There is also the Criminal Court, which hears trials by jury; any appeal will be heard by the Criminal Court of Appeal.
Malta
Answer ... Malta has several specialised courts, judicial bodies and tribunals, which have been established to determine specific categories of claims. For instance, the newly established Commercial Section of the Civil Court is considered as a specialised court, as it is tasked with solely determining claims relating to claims revolving around company law disputes.
With respect to real estate rights and claims:
- the Rent Regulation Board is competent to hear all matters emanating from lease agreements;
- the Rural Leases Control Board deals solely with cases involving rural leases; and
- the Land Arbitration Bord is tasked with dealing with claims following the expropriation of land by the government.
There are also specialised tribunals set up to protect consumer rights, such as:
- the Consumer Claims Tribunal, which deals with disputes between consumers and traders; and
- the Financial Services Tribunal, which deals with disputes involving consumers of financial products.
Contestations regarding administrative decisions taken by the government or any governmental department, body or entirety are heard before the Administrative Review Tribunal.
Another specialised tribunal is the Industrial Relations Tribunal, which deals exclusively with employment-related matters.
While Malta does not have specialised courts in every field of law, the court registrars tends to assign cases to the same judge or judges according to the nature of the claim. Over the years, certain judges have accordingly acquired a wealth of knowledge and detailed technical understanding in certain specialised areas of law (eg, maritime law and IP law).