Duration of proceedings before the first hall and appeals therefrom : can anything be done?

Abstract

This thesis examines court delay with special reference to the First Hall of the Civil Court and the Court of Appeal in its Superior Jurisdiction. Chapter One provides a brief introduction to Maltese civil procedure, which is a product of past experiences. This is followed by an explanation of the court system and an analysis of the manner in which cases should be progressing according to law. Chapter Two attempts to determine the causes of delay in Malta. After opening with an insight into problems that have been proposed by other sources, the author then relies on statistics gathered to compare how cases are progressing in practice as against the theory proposed in Chapter One. In the First Hall delay manifests throughout the case. In the Court of Appeal delay is chiefly attributable to the time taken in appointing cases for hearing and pronouncing judgement. Chapters Three to Five critically examine solutions to court delay that have been proposed or implemented, both locally and abroad, over the years. For ease of reference these are categorised into solutions that increase the resources of the court, solutions that reduce the caseload, and solutions that improve the quality of case processing. The concluding Chapter groups up the main problems prevailing in Malta as identified by the author. These include a lack of discipline and commitment, non-compliance with the law, unnecessary, cumbersome or duplicated procedures, lack of a clear distinction of responsibilities, inconsistency in application of rules, and organisational shortcomings. The author is confident that delay can be fought without an overhaul of the system. The proposals for improving disposition times are case management, revision of archaic or unnecessary rules, use of ICT, a clear position on court delegates, and organisational changes. If reform is sought, there must be serious empirical research, commitment by the court and involvement of interested parties, limited and gradual changes in rules, flexibility and simplicity, the creation of incentives, education and training, and tracking and review of performance. Finally, it is necessary to recognise the fact that even the best reforms may have countervailing effects.