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From the bench: The cautionary tale of precautionary acts
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Anti-money laundering / know your client procedures – Are these privileged documents?
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What if the defendant does not answer to my claim or does not turn up in court? This is a common question that a potential plaintiff would query about before instituting a lawsuit. Perhaps the obvious thinking of such a party, who is not familiar with judicial proceedings, is that his case would be stalled because either the defendant decides not to answer his claims or because the defendant does not turn up in court.
The lawsuit does not get stalled if the judicial acts (the lawsuit papers) are legally served upon the defendant. As a matter of fact, the procedural code prescribes the manner in which a judicial service is to be effected – this is held in article 187 of the Code of Organisation and Civil Procedure.
If one wants to file an action for a retrial, the appropriate procedure must be used
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1 Legal framework
1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?
The Maltese legal system embodies a fusion of different legal traditions. The backbone of Maltese law is founded on continental or civil law. The Civil Code was in fact originally modelled on the French Napoleonic Code. Nonetheless, as a result of British colonial rule, certain areas of Maltese law have been heavily influenced by the common law tradition. For instance, Maltese shipping laws and fiscal and corporate legislation largely mirror the British model. Likewise, administrative law and public law in Malta follow British tradition. The Maltese courts are often guided by, or refer to, English jurisprudence and jurists in relation to matters touch