Legally binding timeframes have been suspended following the closure of the law courts. Keith Micallef got some explanations from the justice ministry.
What happens to a promise of sale agreement if the signing of the contract is scheduled in a week’s time?
Periods established in promise of sale agreements are currently suspended.
The purpose of this is not to oblige a person who needs to enforce a promise of sale agreement to have recourse to the courts at a time when the courts are generally closed due to the COVID-19 emergency.
However, if both parties agree to go ahead with the sale and the notary is available (subject to the necessary precautions) the contract may still be published.
Can the payment of traffic infringement ticket be delayed?
No. If you are not contesting it you still have to pay it.
Can a government grant due to lapse be extended?
This query has to be addressed to the public entity issuing such a grant.
One must remember that the suspension of a contracted obligation applies “if and to the extent that the closure (of the courts) has a direct effect on the ability of any party to exercise its rights or to perform its obligations in terms of the same agreement”.
If a ground rent is due to be redeemed this year, can this still be done?
An agreed redemption of ground rent can be done by contract and the closure of the courts is no obstacle to that.
However, if redemption has to be done through a Schedule of Deposit in court any individual may request the opening of the court registry in order to ask to be allowed to file the required judicial act.
If the closure of the courts has no direct effect on your ability to exercise your rights or to perform your obligations, the suspension is not an obstacle to the redemption of the groundrent.
Will the suspension apply to libel cases, the 15 working days for criminal appeals to be filed and 20 running days for civil cases?
The suspension covers such time-limits but if one of the parties considers that the case is of an ‘urgent nature’ a request may be made to the court to permit the filing of judicial acts or to hear a particular case subject to the requirements of urgency or public interest being satisfied.
What about the 48-hour arrest period?
This has to be considered together with subsidiary legislation 465.17 which provides that, for urgent cases, the courts have the power to hear cases.
In fact, over the last few weeks cases concerning alleged illegal arrest and bail applications were heard.
Does the suspension apply to other tribunals such as environment, small claims, financial arbiter, etc?
The suspension applies to the courts and tribunals and adjudicating bodies that operate from the Courts of Justice premises. Consequently, it does not apply to any tribunal not physically located within this building.
Will it apply to prescription (time-barring)?
Prescription is suspended both in criminal and in civil matters.
NOTE: The replies to these questions are not to be taken as legal advice. Particular cases have their own facts and characteristics and legal advice should still be sought.