    BRITISH JUDGMENTS (RECIPROCAL ENFORCEMENT)    ġ CAP. 52.   1
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.
Title.
Enforcement) Act.
Interpretation.
Amended by:
II. 1996.78.
2. 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.
Enforcement in 
Malta of judgments 
obtained in 
superior courts in 
the United 
Kingdom. 
Amended by: 
XIX. 1929.2; 
L.N.148 of 1975.
3. (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
  2 CAP. 52. ħ          BRITISH JUDGMENTS (RECIPROCAL ENFORCEMENT) 
( 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
provide -
( 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
    BRITISH JUDGMENTS (RECIPROCAL ENFORCEMENT)    ġ CAP. 52.   3
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.
Issue of certificate 
of judgments 
obtained in Malta. 
Amended by: 
XIX. 1929.3.
 4. 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. 
Extension of Act. 
Amended by:  
XV.1958.2;
XXV.1962.2,4; 
L.N.46 of 1965; 
LVIII. 1974.68.
5. (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. 
Provisions of Code 
of Organization 
and Civil 
Procedure to 
continue to apply 
to enforcement of 
foreign judgments.
Cap. 12.
6. 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).
