The constitutional application filed by Simon Busuttil after Mr Justice Antonio Mizzi's decision not to recuse himself in a case involving several high profile members of government is set to begin being heard on 7 November.

The judge appointed to hear the case is Mr Justice Joseph Zammit Mc Keon.

In July an application was filed before the on duty magistrate Ian Farrugia, regarding the Panama Papers and certain high profile Maltese individuals. Magistrate Farrugia had decreed that the pre-requisites for an investigation were met, and that a magisterial inquiry be called.

After the magistrate's decision to open an inquiry into, among other things, whether money-laundering laws had been breached by high-ranking members of government when they opened Panamanian companies and New Zealand trusts, the seven individuals that the inquiry application had mentioned (Prime Minister Joseph Muscat, his chief of staff Keith Schembri and Tourism Minister Konrad Mizzi, as well as Brian Tonna, Karl Cini, Malcolm Scerri and Adrian Hillman ) filed an application for Magistrate Ian Farrugia's decision be revoked. The appeal is being heard by Mr Justice Antonio Mizzi.

Busuttil had requested the recusal of the judge who is handling that appeal - Mr Justice Antonio Mizzi, on the basis that his wife, MEP Marlene Mizzi, is a member of the European Parliament's S&D party, and was elected as a PL MEP in 2009 and 2014. Mr Justice Mizzi refused.

Busuttil on Thursday filed a constitutional application asking the First Hall of the Civil Court in its Constitutional Jurisdiction to declare that his right to a fair trial was breached, to revoke or annul any decree or sentence that affects the case, and that the appeal requested by the seven persons, including Prime Minister Muscat be heard by another judge.