In a recent judgment, the Honourable Court of Appeal analysed the scope and availability of the extraordinary remedy of retrial (ritrattazzjoni) under Articles 811(e) and 811(l) of the Maltese Code of Organization and Civil Procedure.
The Court was asked to determine whether an earlier appellate judgment should be set aside on the grounds of (i) incorrect application of the law and (ii) an error of fact apparent from the record.
Preliminary issue: Acquiescence
The Court first addressed whether the applicant had lost the right to seek retrial by acquiescing in the earlier judgment. Reaffirming established Maltese jurisprudence, it held that acquiescence requires conduct that is unequivocally incompatible with an intention to continue challenging a judgment. Mere acceptance of partial compliance with a judgment, absent evidence that such acceptance constituted a full and final settlement, does not amount to acquiescence or an implied waiver of the right to impugn the decision.
