SMALL CLAIMS TRIBUNAL ACT

CHAPTER 380

SMALL CLAIMS TRIBUNAL ACT

To establish the Small Claims Tribunal.

16th October, 1995

ACT V of 1995 , as amended by Acts XII of 1998 , VI of 2001 and

XXXI of 2002 ; Legal Notice 425 of 2007 ; and Act IV of 2016 and

Legal Notice 212 of 2023.

The short title of this Act is the Small Claims Tribunal Act.

In this Act, unless the context otherwise requires -

"adjudicator" means an Arbiter of the Tribunal appointed in

accordance with article 4;

"Minister" means the Minister responsible for justice;

"Registrar" means the Registrar of Courts appointed under the

Code of Organization and Civil Procedure;

"Tribunal" means the Small Claims Tribunal established under

article 3.

(1)

There shall be a Tribunal to be styled the Small Claims

Tribunal.

(2) Subject to subarticle (5), the Small Claims Tribunal shall

have jurisdiction to hear and determine only all money claims of an

amount not exceeding five thousand euro (€5,000)

Provided that, in determining the sum referred to in this

subarticle, no account shall be taken of fees and costs relative to the

same claim.

(3)

(a) If the plaintiff claims payment of several sums due for

the same cause, the value of the claim is to be

determined by the total amount of the claims.

(b) If the plaintiff claims payment of several sums due for

different causes, the value of the claim is determined

by the highest sum, irrespective of the smaller sums.

(c) If the claim is for capital and interest, the value is

determined by the aggregate of all the capital sums

claimed, and the Tribunal shall have jurisdiction over

the claim notwithstanding that the capital and interest

claimed in their aggregate exceed five thousand euro

(€5,000).

(4) The Tribunal shall hold its sittings in such place or places

in Malta and Gozo as the Minister may by order in the Gazette

determine and the Tribunal shall, as far as practicable, hold the

sittings in the Island where the person against whom the claim is

made has his ordinary residence * .

*See Legal Notice 142 of 1995.

SMALL CLAIMS TRIBUNAL

(5) Causes involving questions of ownership of immovable

property, or relating to easements, burdens or other rights annexed

to such property, even though the claim does not exceed five

thousand euro (€5,000), and causes of ejectment or eviction from

immovable property shall not fall within the jurisdiction of the

Tribunal.

(1)

The Tribunal shall be presided by an adjudicator sitting

alone

Provided that more than one adjudicator may be appointed

to sit in any of the said Tribunals, but only one adjudicator shall sit

in any one case.

(2) Adjudicators shall be appointed by the President acting in

accordance with the advice of the Prime Minister. A person shall

not be qualified to be appointed as Adjudicator unless he has

practised as an advocate in Malta for a period or periods amounting

in the aggregate to not less than seven years.

(3) A person shall be disqualified to be appointed adjudicator if

such person -

(a) is a member of the House of Representatives; or

(b) is a member of a Local Council; or

(c) is an undischarged bankrupt; or

(d) has been sentenced by any court to imprisonment for

any term or has been found guilty by any court of any

of the crimes in Titles III, V or VI of Part II of Book

First of the Criminal Code.

(4)

(a) Adjudicators shall receive such remuneration as the

Prime Minister may by notice in the Gazette determine

and such remunerations shall be a charge on the

Consolidated Fund; such remuneration shall not during

the tenure of office of an Adjudicator be altered to his

disadvantage.

(b) During the term of their appointment, Adjudicators

shall be precluded from the exercise of their profession

in cases before the Tribunal.

(5) Adjudicators shall be appointed for a term of five years and,

on the lapse of their term, they shall not be eligible for re-

appointment

Provided that if the office of Adjudicator is vacant or if the

Adjudicator is unable to perform the functions of his office, then,

until a person has been appointed and has assumed the functions of

that office, then, until a person has been appointed and has assumed

the functions of that office, those functions shall be performed by

any other Adjudicator in office or by such other person qualified

for appointment as Adjudicator as may be appointed to act as

Adjudicator by the President acting in accordance with the advice

of the Prime Minister. Such person shall continue to act for the

period of his appointment or, if no such period is specified, until his

appointment is revoked by the President acting in accordance with

the advice of the Prime Minister.

(6) In the exercise of his functions under this Act, an

Adjudicator shall not be subject to the control or direction of any

other person or authority. An Adjudicator may not be removed from

office except in the manner and for the reasons provided for in

article 97(2) of the Constitution, and any law or regulation made

pursuant to article 97(3) of the Constitution for the purposes of

article 97(2) thereof shall apply mutatis mutandis to the procedure

for the presentation of an address and for the investigation and

proof of the inability or misbehaviour of an Adjudicator under the

provisions of this article.

The provisions of the Code of Organization and Civil

Procedure relative to abstentions by and challenges to a magistrate,

and to the subrogation of and the distribution of duties amongst

magistrates shall, mutatis mutandis, apply to Adjudicators. Any

Code of Ethics applicable to Magistrates shall also apply to

Adjudicators.

Every person appointed as an adjudicator shall not assume

the functions of his office unless and until he has taken before the

State Advocate an oath to examine and decide the cases brought

before him without delay, with impartiality and equity according to

law.

(1) The Tribunal shall determine any claim or counter-

claim before it principally in accordance with equity

Provided that, in any case, any question of prescription

shall be determined according to law.

(2)

The Tribunal shall suspend its proceedings if -

(a) the claim is sought to be avoided by way of defence,

involving an issue outside the Tribunal’s jurisdiction;

and/or

(b) there is pending before a competent court an action,

the outcome of which would affect the claim before

the Tribunal.

(1) An appeal shall lie from a decision of a Tribunal to the

Court of Appeal composed of one judge only in accordance with

article 41(9) of the Code of Organization and Civil Procedure. Such

appeal shall be entered by an application to be filed within twenty

days.

(2) Independently of the amount of the claim, an appeal shall

always lie in the following cases

(a) on any matter relating to the jurisdiction of the

Tribunal;

(b) on any question of prescription;

(c) on any non-compliance with the provisions of article

7(2);

(d) where the Tribunal has acted in a serious manner

contrary to the rules of impartiality and equity

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according to law and such action has prejudiced the

rights of the appellant.

(3) A right of appeal on all grounds shall also lie where the

amount in dispute, calculated in accordance with the provisions of

article 3(2), exceeds one thousand and five hundred euro (€1,500).

(4) Where the Court of Appeal finds that the grounds for appeal

are justified it shall quash the decision of the Tribunal and shall

itself determine the original claim and counter-claim in accordance

with the provisions of article 7.

(5) The Court of Appeal may, if it considers the application

frivolous or vexatious, dismiss the appeal and order the applicant to

pay a penalty which shall not be less than two hundred and fifty

euro (€250) and not exceeding one thousand and two hundred and

fifty euro (€1,250).

(6) The amount of the penalty shall be due and owing to the

Government as a civil debt, liquidated and certain, and may be

collected by the Registrar. The order referred to in subarticle (5)

shall constitute an executive title within the meaning and for the

purposes of Title VII of Book Second of the Code of Organization

and Civil Procedure.

(1) Subject to the provisions of any rules made in

accordance with article 16 and to the provisions of subarticle (2),

an adjudicator shall regulate the proceedings before a Tribunal as

he thinks fit in accordance with the rules of natural justice.

(2) Subject to any rules referred to in subarticle (1), an

adjudicator -

(a) shall ensure that a case is, as far as possible, heard

summarily and decided ex tempore on the same day of

the hearing and that the hearing shall not take longer

than one sitting

Provided that if a party wishes to appeal from the

decision, notice shall be given to the adjudicator at the

time the decision is given

Provided further that the adjudicator shall on the same

day when the decision is given deliver a written copy

of the ex tempore decision containing the reasons for

the decision to the Registrar;

(b) he shall inform himself in any manner he thinks fit and

shall not be bound by the rules of best evidence or the

rules relative to hearsay evidence if he is satisfied that

the evidence before him is sufficiently reliable for him

to reach a conclusion on the case before him;

(c) he shall refrain as far as possible from appointing

referees to give expert evidence, and shall where

experts are appointed make out a list of facts upon

which the expert is to give evidence;

(d) shall only list out the main points upon which his

decision is based; and

(e) shall have the same power as a magistrate sitting in a

Court of Magistrates in its civil jurisdiction and in

particular shall have power to summon witnesses and

to administer an oath to witnesses.

(3) No proceedings before the Tribunal shall be invalid because

of th e n o n- o bse r v a n c e of any f o r ma li ti es i f th ere ha s been

substantial compliance with this Act or any rules made thereunder.

(1) In any award the adjudicator shall determine the costs

that any of the parties is to bear. Unless special circumstances

otherwise warrant the losing party shall be ordered to pay the costs

of the party in whose favour the decision is awarded.

(2) Costs shall be limited to actual expenses directly made in

connection with the case by the party in whose favour the payment

of costs is awarded.

(3) In the case of a vexatious or frivolous claim the Tribunal

may order the claimant to pay to the defendant a penalty of not

more than two hundred and thirty-two euro and ninety-four cents

(232.94), which penalty shall be due as a civil debt.

(4) A decision of the Tribunal which has become res judicata

may be enforced, depending on the residence of the person against

whom enforcement is sought, by the Court of Magistrates (Malta)

or by the Court of Magistrates (Gozo), as if the decision was a

judgment of the respective court.

(1) The Minister may by regulations designate the registry of

the Tribunal and the functions thereof and by the same regulations

may also designate such officers as may be necessary for the operation

of the Tribunal. All the records of the Tribunal shall be filed in the

registry referred to in this subarticle.

(2) The records of the Tribunal shall be accessible to all

persons, and copies thereof shall be given on payment of the

prescribed fee to any person on request.

(3) The acts of the Tribunal shall be deposited and kept in such

archives as may be designated by the Minister by regulations made

under this article.

(1) The Registrar shall be responsible for the running of

the Tribunal. The Registrar shall also perform any other duties

which may be incumbent upon him under this Act or any rules

made thereunder.

(2) The duties of Registrar of the Tribunal shall be carried out

in accordance with the provisions of the Code of Organization and

Civil Procedure.

If any of the parties fails to appear on the date appointed for

the hearing of the cause, the following provisions shall apply

(a) if the claimant fails to appear, the adjudicator shall

adjourn the cause for another date and if on such other

date the claimant fails to appear, the adjudicator shall

dismiss the cause and order the costs to be borne by the

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claimant

Provided that the adjudicator shall not make such

adjournment but shall either determine the case or

dismiss the same with costs to be borne by the plaintiff if

the defendant so requests;

(b) if the defendant fails to appear, the adjudicator may

determine the case in the absence of the defendant and an

admission made upon a reference to the oath of the

defendant may be received in evidence against the

defendant, and the provisions of Sub-title VI of Title I of

Book Third of the Code of Organization and Civil

Procedure with respect to a reference to the oath of a

defendant in the inferior courts shall, mutatis mutandis,

apply.

The parties may be assisted by any person.

The provisions of the Judicial Proceedings (Use of English

Language) Act shall apply to the Tribunal.

(1) The Minister may make rules for the better functioning

of the Tribunal and may without prejudice to the generality hereof

make rules -

(a) setting out the procedure before the Tribunal or in

appeals from the Tribunal;

(b) establishing the forms that are to be used in

proceedings before the Tribunal or in appeals from the

Tribunal;

(c) establishing rates of costs in proceedings before the

Tribunal;

(d) establishing the fees that may be due to the registry of

the Tribunal;

(e) establishing the fees that may be due to advocates and

legal procurators appearing before the Tribunal;

(f)

setting out the duties of registrar in relation to the

Tribunal;

(g) prescribing anything that may or is to be prescribed in

accordance with this Act.

(2) The service of judicial acts in terms of this Act shall be carried

out in such manner as is provided for the service of judicial acts in the

Code of Organization and Civil Procedure, unless the Minister shall,

by regulations made under this article, otherwise provide.

The expenses in connection with the administration of the

Tribunal and the remuneration due to adjudicators shall be paid out

of the Consolidated Fund without the necessity of any further

appropriation.