Couple claim court delays cost them €11,000

Undue delays by the Civil Court to give a ruling over an application for suspension of proceedings results in the loss of €11,000, prompting the victims to file a Constitutional application claiming a violation of their rights.

A couple who lost over €11,000 due to delays at court this morning filed a Constitutional application against the Attorney General, claiming their right to expedite proceedings was violated.

In 2010, the couple filed a civil suit, demanding that the debtors settle the outstanding debt of €18,487 they owed the couple. The couple exhibited 14 bills of payment as proof that the money was owed.

On 17 February the same year, the defendants filed an application alleging the bills of payment were not valid. However, the court took over four years to decide if their request to suspend the case for verifications was to be upheld. The court issued its decree on 15 May this year, effectively extinguishing proceedings as the claim filed by the couple was now time barred.

The couple today filed a constitutional application, arguing their right to a fair and expedited trial was violated. “In other cases the application calling for the suspension of proceedings for the verification of documents is decided by the court in a matter of weeks. In our case the court took over four years”, the couple said.

In their constitutional application, the couple asked the court to decree that the lengthy delays violated their rights. This led to material and moral damages, which the couple requested to be awarded for.

Lawyers David Camilleri and Joseph Gatt signed the application.