BRITISH JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT

B R I T IS H JU D G M E NT S (R E C IP RO C AL EN FO RC EMEN T) [CAP. 52.

CHAPTER 52

BRITISH JUDGMENTS

(RECIPROCAL ENFORCEMENT) ACT

To make provisions for the enforcement in Malta of judgments obtained

in the United Kingdom and in the British dominions.

17th March, 1924

ACT VII of 1924, as amended by Act XIX of 1929; Emergency Ordinance

XV of 1958; Ordinance XXV of 1962; Legal Notice 46 of 1965; Act LVIII of

1974; Legal Notice 148 of 1975 and Act II of 1996.

The title of this Act is British Judgments (Reciprocal

Enforcement) Act.

In this Act, unless the context otherwise requires -

"judgment" means any judgment or order given or made by a

court in any civil or commercial proceedings, whether before or

after the passing of this Act, whereby any sum of money is made

payable;

"judgment creditor" means the person by whom the judgment

was obtained; and includes the successors and assigns of that

person;

"judgment debtor" means the person against whom the judgment

was given; and includes any person against whom the judgment is

enforceable in the place where it was given;

"original court" in relation to any judgment means the court by

which the judgment was given;

"registering court" in relation to any judgment means the court

by which the judgment was registered.

(1) Where a judgment has been obtained in a superior court

in the United Kingdom, the judgment creditor may apply to the

Court of Appeal, at any time within twelve months after the date of

the judgment, or such longer period as may be allowed by the said

Court of Appeal, to have the judgment registered in one of the

superior courts of Malta; and, on any such application, the court

may, if in all circumstances of the case it thinks it is just and

convenient that the judgment should be enforced in Malta, and

subject to the provisions of this article, order the judgment to be

registered accordingly.

(2) No judgment shall be ordered to be registered under this

article if -

(a) the original court acted without jurisdiction; or

(b) the judgment debtor, being a person who was neither

carrying on business nor ordinarily resident within the

jurisdiction of the original court, did not voluntarily

appear or otherwise submit, or agree to submit to the

jurisdiction of that court; or

B R IT IS H JU D G MEN TS (REC IPRO C AL EN FO RC EMEN T)

(c) the judgment debtor, being the defendant in the

proceedings, was not duly served with the process of

the original court, and did not appear, notwithstanding

that he was ordinarily resident or was carrying on

business within the jurisdiction of that court or agreed

to submit to the jurisdiction of that court; or

(d) the judgment was obtained by fraud; or

(e) the judgment debtor satisfies the registering court

either that an appeal is pending, or that he is entitled,

and intends to appeal against the judgment; or

(f) the judgment was in respect of a cause of action which

for reasons of public policy or for some other similar

reason, could not have been entertained by the

registering court.

(3)

Where a judgment is registered under this article -

(a) the judgment shall, as from the date of registration, be

of the same force and effect, and executive

proceedings may be taken thereon, as if it had been a

judgment originally obtained or entered up on the date

of registration in the registering court; and its

registration in the Public Registry Office may be made

in accordance with the local law for the time being in

force;

(b) the registering court shall have the same control and

jurisdiction over the judgment as it has over similar

judgments given by itself, but in so far only as relates

to execution under this article;

(c) the costs of and incidental to the registration of the

judgment (including the costs of obtaining a certified

copy thereof from the original court and of the

application for registration) shall be recoverable in

like manner as if they were sums payable under the

judgment.

(4) The Court of Appeal shall have power to make rules to

(a) for the mode of registration and the preservation of

registers;

(b) for service on the judgment debtor of notice of the

application for the registration of a judgment under

this article;

(c) for enabling the registering court, on an application by

the judgment debtor, to set aside the registration of a

judgment under this article on such terms as the court

thinks fit; and

(d) for suspending the execution of a judgment registered

under this article until the expiration of the period

during which the judgment debtor may apply to have

the registration set aside.

(5)

In any action brought in any court in Malta on any

B R I T IS H JU D G M E NT S (R E C IP RO C AL EN FO RC EMEN T) [CAP. 52.

judgment which might be ordered to be registered under this

article, the plaintiff shall not be entitled to recover any costs of the

action unless an application to register the judgment under this

article has previously been refused, or unless the court otherwise

orders.

Where a judgment has been obtained in a superior court in

Malta against any person, the court shall, on an application made

by the judgment creditor and on proof that the judgment debtor is

resident in the United Kingdom or in any part of the British

dominions outside the United Kingdom to which this Act extends

issue to the judgment creditor a certified copy of the judgment.

(1) As regards the applicability of the provisions of this

Act to judgments obtained in a court in the United Kingdom, this

Act shall come into force on the day on which there shall be

published by Proclamation in the Government Gazette the Order-

in-Council granting reciprocity for the enforcement in the United

Kingdom of judgments obtained in Malta. *

(2) Where the President of Malta is satisfied that reciprocal

provisions have been made by the legislature of any part of the

British dominions outside the United Kingdom for the enforcement

within that part of the British dominions of judgments obtained in

Malta, the President of Malta may by Proclamation declare that this

Act shall extend to judgments obtained in a superior court in that

part of the British dominions in the like manner as it extends to

judgments obtained in a superior court in the United Kingdom and

on any such Proclamation being made, this Act shall extend

accordingly. †

(3) For the purposes of this article, the expression "part of the

British dominions outside the United Kingdom" shall be deemed to

include any territory which is under British protection or in respect

of which a mandate is being exercised by the Government of any

part of the British dominions.

(4) A Proclamation under this article may be varied or revoked

by a subsequent Proclamation.

Nothing in this Act contained shall be in derogation of the

provisions contained in Title V of Book Third of the Code of

Organization and Civil Procedure, in regard to the enforcement of

judgments given by tribunals in countries other than those referred

to in this Act.

*See Proclamation No. XII of the 14th of April, 1931.

†See Proclamation No. VIII of the 27th of July 1925 (Gibraltar);

Proclamation No. XII of the 23rd of October, 1925 (New South Wales);

Proclamation No. XIII of the 23rd of October, 1925 (Bermuda);

Proclamation No. III of the 23rd of April, 1926 (Western Australia);

Proclamation No. II of the 16th of February, 1927 (State of Victoria);

Proclamation No. I of the 30th of January, 1959 (Tasmania and its Dependencies).