Consumer Claims Tribunal Rules, 1996

L.N. 8 01 19H

CONSUMER AFFAIRS ACT, lm

(ACT NO. XXVID OF 1m)

Consumer Claims Tribunal Rules, 1996

IN exercise o f the powers conferred by section 27 of the Consumer

Affairs Act , 1994 the Minister for Economic Services, with the

concurrence of the Minister of Justice and the Arts and the Minister of

Finance, has made the foll owing rules:·

Rule I _ Chatlon

I . These rules may be ciled as the Consumer Claims Tribunal

Rules. 1996.

Rul e 2 - Definitions

Dawn ir-regoll jistghu jisscjhu r-Regoli ta' 1·1996 dwar it-

Tribunal ghal Talbiet tal· Kon surnaturi.

Regoln 2 - Tifsiriel

NOTICE OF CLAIM (OR COUNTERCLAIM)

""""'

IN THE CONSUMER CLA IM S 1l1.18UNAL

Nor.,. 10 ..... yonak . . .

If ..... is • _ " " , . , ..... n )'011 ""'"0I1nd;c ........ ""iOl1y r,,, nu_ <Jf ..... <Ilim INdo

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>pi ... )'0"

CU,IMANT

FROM

Fill i ~ , .......... oddtno . . .

"'<pIIo<\< or , II< pe''''fI,O)

........ III< oI.i ..

TO

DEFENDANT

Fill i. ,ho ....... 0<1<1", .......

.... phoIw:.......tx."' .... _

..... "!ai .. i ......

NOTI CE TO TH E PARTY AGAINST WHOM THE CLAIM IS MADE

W _ i s _ ... "' ..... "", ... ",.-.,._ wldlioo II...,. ........ _ot ........ r,le . orpI,. If'" bib 10 .... 10 .....

T_-,.lbmprocoolllO_ .. ' ... ~in .... _

.

FOR OfrlCE USE ONLY

'rriIuIoI.off ... ill f,1I in Ihio

AMOUNT CLAIMED

Lm

~

!-l UNG FEES

Lm

SERV ICE FEES

Lm

Lm

TOTAL

PARTICULARS OF THE CLAIM

NOTICE TO CI..AIMAA'T

v"" ..... f, .. ",r.. _

<I .......... Di"""", oteon.. ..... Albin .. "" wiU It)' 00 .... 1e yooo"disp.oo . If 110 .... Ie ..... is

_ct.im

bcf"", ,III: T.-..aI. no;, ..".,. ..... "'" oppIy if )'CO . . .

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10 J<IUf claim .........

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WHEN?

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HOW Ml!Ctl?

Solie how m",h i, boin, cI.imod

from ,.., <l<r._

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, "".1.,. 1110' ony _011_ of .. y d .... i. <"""" of LaoloOO i, bo;.,

ABANDON1N<lI'AItT Of'

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A ClAIM

port 01 _

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STEP ,

FROM

COMPlEIC the NOTICE OF CLAIM

You must be sure lhal the address thaI you give is cot lect

using a typewriter or wriling dearly. because Ihis il where the RegisIT)' will send you any further

Make sure ilia! all the copies are legible . nolices or information . tryouT address changes al any lime

please nOlify the Regi~try immediately .

STEP 2

FI LE the NOTICE OF C LAI M by

'" kin g it '" the Consumer eblms TO

Tribunal Registry. You must pay afil ing Be .un: thaI you have the conecI add<=! o f defe ndant. If

fee. which depends on the amount you I~re is more !IuIn Ol\e defendanl pilI !he name of each

arc claiming and B$crvice fec.1be sLBff defendanl (side by side) in the splICe provided . In slK: h a

case oowe~ make Su re thaI the claim is a result of !he

will check the form and when it is

~ uansac:tiQII.

accepted for filing. apply the registry

SWllP, add 01\ filing and !len'i<:e fees and

WHAT HAPPENED?

auign . file number. The Secretary will

then pnx:ecd to JeI'V(: on your behalf the

Yoo do OO! need W lell everylhin& aboot yoo r case here.

defendant wilh 'copy o f the NO/ice of

You must tell JUSt enough to let defendant kDOW whBt!he

C laim.

case is all about. Keep yourdescrip! ioo brief. Yoo "'ill have

a full opponunilY 10 present a11lhr: factS during lhr: trial .

STEPJ

WHAT HAPPENS AfTER

WHERE?

If the defendant files a reply. you will

A NOIicc of C laim must be filed in !he Registry o f the

be ~cd willi acopyofthe reply. If DO

Tribunal where lhe lranllaClion. to whi ch the claim refers .

Rply is filed witbin 18 days of the date

took place .

of 100 notification of the NOTICE OF

CLAIM. you may apply for a default

HOW MUCH?

order against the defendam who r.iled

]f \he vallie of your claim is ~ than LmSOO (ucluding

to file a reply .

filing and servicc:s fees) yoo may slill p<QCHI your claim

before lhe T ribunal if you are prepared 10 abandon \he

amount of your claim in execss o f LmSOO. In such a ease

you musllhr:n declare under ABANDONING PART OF

A CLAIM thaI you are aballdoning !he amounl of your

claim in ucess o f LmSOO.

PARTICULARS OF THE CLAIM - continued

Name and address of peroonS)'OU in\cnd 10 call as witness

ATIACH EXTRA SHEETS [FS PACE IS INSUfFICIENT

.,.. ,

REPLY

IN TH B CONSUMER CLAIMS TRIBUNAL

CLAIMANT

TO

Pill in ,be ,,_.

oddreso om o:lepIIotIo

"umbo< of t!Io " " _

"" kinl .h. cI.i",

-~

DEFENDANT

FROM

fill

in ,be ...... .

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de,._.

of

,lie

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lili ... llIi •

NOTICE TO DEFENDANT

If willi r- ~Y""""'1O _

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of cw m _ I f , foU" ",i .. Ih<

01 dai .. i. "' .................... w~h )'"." .. ply.

inornocIioDs "" \Ilol fono . Mob ....., .... ,.,... _

• FOR O FFI CE USE ONLY

, AMOUNTCLAlMEDo

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• AmounI cl.; ...... i, 00II

• fl UNG FEES

applicable if yo. os

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dtr.tI(!uo .... a1JO lIIOlcin

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• counl.rcl.im

wim 1tIi. ~)'

SERVICE FEES

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STEP I

FROM

COMPl.ETE the REPLY using a

This is when: you identify the pwty who is Il~n, this Reply .

Iypc:wn ..... or wri.ing ckarl)' . Make sure

Givcan addn:ss when: noIm and OIher Infonnalion about

thai all CQPies arc kgiblc .

the d ispute ca.o be sent to you . Iftbis addres& changes II

any lime be SUre 10 inform the Tribunal Sccmary.

STEP 2

FILE the REPLY by laking it 10 the

DISPlJ'l'E

Consumer Claims Tribunal Regimy

Yoo do nOi Deed to Iell everything about your case here.

where the NOTICE OFetAlM against

You must tell jU$l c/IOUa:h 10 iMicale 10 !he claimant and

you w:u film , lbe swffwill check your

to the T ribunal ",bat pans of the claim you dispute and

form and if il is in order . acttpI i\ fOf

why . Irtbc .. e is anylhin& in lhc Notice: of Claim with which

filing. The REPI.. Y I11dSl be filed ",imin

you I,me, be lUre to indude !hat in )'<lIIr reply.

the 18 days from wilen yotI are served

wilh the NOTICE OF CLAI M.

COUNTERCLAIM

If you want 10 make I. counlerclaim !hal i~ a claim against

ST8'3

lhe claimant, then together wilh Y<.Iur reply yOU must alSQ

WHAT HAPPENS AFI10R

complete a Notice <.If Claim foliowiDJ the inatruclions on

THEN !he Tribunal will send a copy of

that form. T<.I make. counterclaim y<IUI" <.IWn twm must

your Reply 10 the claimant and sel a dale

be connected 10 or rei_ted 1<.1 the clai m thai the daimanl

for trial. Yo u will rea:ive a nOlice

lias made agai!l$l you .

informing you of the dale and plate

when the dispute will be heard.

B 3Z7

PARTICULARS OF YO UR REI'LY

Name and III.Idress of whom you intc:nd to c:a11 as witness

USTYOUR

WITNESSES IN

THIS PART

AlTACH SEPARATE SHEETS IF SPACE IS NOT ENOUG H

D~PUTE

.so. if)'Oll_diopIII"'lIIo

cloIm ..... _

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....... >.pIaiD wid! .... boo )'011

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APPLICATION JoUR A DEFAULT ORDER

IN THE CONSUMER CLAlt.iS TIUBUNAL

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111 the case belwccn

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CLA IMANT

AND

DEFENDANT

_ _ .... r ....

II

;

Ii

APPLICANT

I request that this Tribunal is.suc a default onJer againSI

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fII. _ ... _

dof ......... b ... -. ... ,

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confirm !bit the ..-noulll lIIilI due 10 me is of

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eip

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FOR OFACE USE

Lm

Amounl c1aimoo

Lm

Expenscs

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Lm

DECREE BY TRlBUNAL

-

NOTICE OF HEARING

IN THE CONSUMER CLAIMS TRIBUNAL

CLAIM ANT

AND

DEFENDANT

You arc inFormed thaI the llearing of your di spute will take place before an

Arbiter of the Consumer C laims Tribunal

-

-

WARNING TO PARTIES

If)'1>U foil 10 _ ... for tho _ ", ",ithooo. ai>'i"C . valid _

.... AI1>i ....... ~ doc:i<I< .... di&poll<

in)'OUr - . . . . and aword • • p<md >pi .... ,..,... If,.,. .,..".. _

for "'" _",,..,. "' ... ""'"

;_iMOly apply in wrili", '" the Trib.OIl _ I " . . ~ ......... plalft ... "h1)'011 CMIIOI

......... b jIuIillocl or"".

otttNI. II It ..... di"""'"," .flbe Tri_11O """"'" .. ha .... _

NOTICE OF HEA RING

ATIEND for tbe hearing al ieasl len minutes be fore lhe appointed lime.

Make sure that yo u are fully prepared. lii nce Ih is will be your only

opportunity 10 Slale yoor else and submit your evidence to the Tribunal .

BEAR IN MIND the$e pointS

I) BRING all the documentS thai Ill: releYlnllO the case l ucb IS receiptli,

coruspondeocc or _gll:cmenU .

2) MAKE SURE thal l ny witnesses whose ev ilk/ICc you Med am"e earl),.

If. wilnes.s is nOI prepared 10 Inend volunlari ly. Illen)'oo should apply 10

the Tribunal for tile issue of a Summons to Witness (Fum S). Thesummons is an

order of the Tribun.lldlinl the wiln<:1S 10 an~nd fO<' tho: ~n, .

3) PREPARE ""hal yOll are 10ini 10 $IIy beforehand. Go over .lI the facts

in chronological order . You may durinl the he.rinl ~fet 10 Iny !tOtes you

may have p~pared beforehand.

""" ,

SUMMONS TO WITNESS

IN TH E CONSUMER CLAIMS TRIBUNAL

In the case between

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MCW~

AND

DEFENDANT

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WITNESS

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APPLICANT

Witness is requ ired to auend before the Consumer Claims

Tribunal

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fullllddmtor'hoplace .. "hen: ......... mull

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WHY IS THE WITNESS BEING SUMMONED

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Witness IS required to bri ng Ihe~ document s lind other thmgs

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NOTICE TO WITNESS

Once you have m:ei ved a llOI:i<:e of summons du ly authorised by the Tribunal, you must

tllen attend for the Tribunaillearing at tile time and place indi cated in this summons and

bring wi th you any documents orother things re<juin:d from you in tile summons.

SUMMONS TO WITNESS

You do oot need to ask the Tribunal to issue a Summons to Witness, if your witness is prepared to

attend voluntarily.

COMPLETE !he Summons to Witness following !he insuuctions on the farm . Be sure to

type or write clearl y and W I 1111 copies are legible.

FILE the Summons to Witness by lak ing it to the Coll5umer Clai ms Tribunal Registry .

The Staff will check if tile fann has been completed correclly. They will then apply the

registry stamp and proceed with the service o f the summons. If you want !he witness to

bring any spec ific doc uments (for example invoices) be sure to list the m in your

su mmons.

REMEMBER to file the summons in good time before the date of the hearing ..... hen you

want the witness to attend . If a ..... itness who is nQlified with the summons fai ls to attend

the Arbiter mlIy then issue an Order of Escort against him.

ORDER OF ESCORT

IN THE CONSUMER CLAIMS TRIBUNAL

In the case betwccn

CLAIMANT

AND

DEfENDANT

TO

Whereas the witness

1111 ........ _ " .......

was served wi th a Summons to WitlleSS (It the hearing of th is dispute and the

SJlid wimess failed to obey the summons, al}(! [am satisfied that the evidence

ofthe witness is material to this dispute,

YOU ARE THEREFORE ORDERED TO ESCORT AND BRING THE

WITNESS BEFORE THIS TRIB UNAL

-

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BLANK APPUCA nON

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IN THE CONSUMER CLAIMS TRIB UNAL

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In !he case bC'Iweeo

Ni> .... _ o f

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CLA IMANT

AND

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DEFENDANT

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APPL ICANT (5 )

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tV .... ..... Oipa:lI, .... to' 1018101'-..... _ KattiIjo 1'III>IiIW~, dw Dt"..,- O!I,",O,,,,MtoII - /(~

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Milbup 1I-1000 .. porijo taJ.(h.em _ PtWH M dot a....m- - , ","u

In these rules unless the context otherwise requires -

"Ac!" mea ns the Consumer Affairs Act, 1994;

"claimant" mcans the person, whether aeonsumeror a trader,

who is making the claim;

"Code" means the Code of Organization and Civil Procedure .

Cap. 12;

"counterclaim" means a claim made by a defendant against a

claimant;

"court" means any cou rt or other tribunal of civil jurisdiction

as the case may be;

"days" means. unless Slated otherwise. runni ng days and

includes Saturdays, Sundays and all public holidays;

"default order" means a decision of the Tribunal on the issues

in dispute after a party fails to reply to, or admits to, a claim or

counterclaim with whic h he has been served;

"defendant" is the person, whether a consumer or a trader,

against whom the claim is made;

"Director" means the Director of Consumer Affairs;

"Form" means anyone of such forms as are specified in the

Second Schedule to these rules;

"Minister~ means the Minister responsible

for consumer

affairs;

"prescribed fees" means the fees payable by a party as may

be established in the First Schedule to these rules or any other

rules made in conformity with the Act;

··Secretary" includes any Deputy Secretary appointed in

accordance with the Act;

·.,.ribunal·· means a Consumer Claims Tribunal established

under the Act.

Rul e 3 -

Making II Cla im

3 .1 .A claimant when presenting acl aim shall complete a Nocice

of Claim (Form I). following the instructions on the form and fi ling it

in the Registry of the competent Tribunal. The claimant shall together

with the Notice of Claim file a note by the Director of Consumer Affairs

stating that the c laim has been referred to the Director and that

subsequent to such reference no settlement was achieved on lhe issues

in dispute.

2. A claimant in a Notice of Claim may name more than one

defendant. provided that the claim against each of the defe ndants is

related to or connected with the original subject mailer of the claim .

3.3. A claimant shall. in his Notice or Claim. list any wi tnesses

whom he intends to ask to gi\'e evidence during the proceedings. If the

claimant wants to ask a witness who has not been previously listed. he

shall then request the Arbiter. usi ng a Blank Application (Form 7) for

au thorisation 10 produce such witness. Such an application shall in any

case be filed al least seven days before the date scheduled for the

proceedings.

3.4. If the val ue of a claim is more than five hundred Maltese

liri . a ciaima'1t may pursue his claim before a Tribunal if he declares in

his Notice of Claim that he is abandoning the amount of his claim which

is in excess of five hundred Maltese liri .

3.5. A claimant shall serve through the Secretary each of the DonI .........

::= ...

defendants named in the Notice of Clai m with

.

35.1. a copy of the Notice of Claim: and

35.2. a blank Reply (Form 2).

Rule 4 - Replying to a Claim

Meta l· valur ta O taIba jkun la' ik tar minn hames mill lira

Mal tija. rikorrcnt jista' jipproi:edi bi H alba tieghu quddicm Tribunal

jc1dc huwa jiddikjara f1 · Avviz lat-Talba tieghu Ii huwa j kun qieghed

iwarrab dik ii-pan; mit-taiba licghu Ii Ikun [cCi:cdi ]· hames mill lira

Maltija.

3 .5 . Ir· rikorrent ghandu jinnotifika penneu las-Scgretarju 1iI leull Lie . . doh~ ... i

...

.. n A ..

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Wte o:;u ffil - m tlmal l msem m lJII. - VVI Z tal - II. 11.

...

3.5.1. b'kopja tal-Avvii tal-TaIDa; u

3.52. b' Risposta (Fonnola 2) vojla.

Regola 4 - KirTwk!gc b T aiba

4 .1. L- inlimat ghandu Imintax il-j um biex iwicgcb ghal taIba Ii z.";",,I; ..... 1.

jibdew ghaddcliin mill-jum meta huwajigi nOlifikat bl-Avvii lal-Tal ba. :~~ ... ,,;,.' ji""

Jekk l-intimatjonqos milli jwicgcb. ir-nlcomn! jista". skond ir-Regola

6,jirrikorri lejn it-Tribuna! sabic)( tinhareg ordni ta' inudcmpjcnza korllTa

I-intimal .

42. Meta jkun qed iwiegeb I-intimal ghandu j imla Ri sposta X'If-Io,........I.

(Formola 2) skond id-dirczzjonijiel moghlija ruq il.rormola. lr-Risposla .. ,_ba;.. ......

mbagh ad ligi preienlata fi r-Registru tat-Tribunal rejn ikun gic l-ewwel

preiental I-Avvii: tat-Taiba.

'4.3. Fir-Risposla lieghu I-inlimat ghandu jelenka x-xhieda kollha L_;IOI,_ , _ _

Ii jkon bi hsiebu jipproduei biex jixhdu malul jJ-proeedimenti. Jekk ir- :1;'~' . · .~,cd.

rikol'TCn l ikun irid jipprodui;i xhud Ii rna jkunll qabcl gic elenkat. huwa

ghandu jillob lill·Arbitru billi juta Applikaujoni VOjla (Fonnola 7)

sabiex jigi aWlorizzal jipproduci Iii dak ix-xhud. Dik l-applikll7-zjoni

ghandha fkull kat tigi prcientala mill-inqas sebal ijiem qabcl il-jum

meta jkollhom jibdew il-proeedimenti.

4A _ Jekk wara Ii jigi noIifikat bl-Avvii lal-Talba I-inlimaljammetli X'Hriir;tkl.-

I-lalbajcw ihal1as. huwa lIonajibqa' responsllbbli li jhallas lir-rikOl'TCnt :::"" ,"I"" ~"

kull ndqa Ii r- rikorrent iku n ghamel sablex iressaq it-taiba ticghu

quddiem iI-Tribunal.

4 .5. L-i nlimal ghandu jinnOlifika lir-rikorrent permezz las- Not'T,k .... n ........

_Iou Ih • .....

Scgretarju

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4 .5.1 , b'kopja lar- Risposln lieghu: u

1. A defendant shall reply to a claim within eighteen days from l'i-.lm;, ill

=." ••

the date when he is served with the Notice of Claim. If the defendant

fails to do so the claimant may. in ac<:ordance with Rule 6. apply to the "" ..,.,.

Tribu nal for a default order against the defendant.

4.2. A defendant shall, when replying, complete a Reply (Form Wl>at.deT._

m~ }1 .- . .. : .

2) following the instructions on the form. The Reply shall then be filed .....

in the Registry orthe Tribunal where the Notice of Claim wu originally

filed .

4.3. A defendant shall, in his Reply, list any witnesses whom he 0<1' _ ' 0 hit'"

intends to ask to give evidence during the ploceedings. Iflhe defendant .iInwn.

wants to uk a witness who has not been previously listed. he shall then

request the Arbiter, using a Blank Applieation (Form 7) for authorisation

to produce such witness. Such an application shall in any case be filed

at least seven days before the date scheduled for the proceedings.

If a de fendant. afte r being served with the Notice of Claim, I f . _

admits to the claim or makes payment, he shall still be liable to pay to ..,......,lObiIiry ..

the claimant any expenses the claimant incurTCd in bringing the claim - .

before the Tribu nal.

4.5, A defendant shall through the Secretary serve the claimant Suvi<c 01.

=.t.

with

4.5.1. a copy of his Reply; and

iT..,.

45 .2. if the defendant has with his Re pl y made a

coonterclaim in accordance with Rule 5, with a copy of the

Notice of Claim made by the defendant and wi th blank: Repl y

(Form 2).

Rule 5 - Making a Counterclaim

1. A defendant may together with his Reply also make a _"''-co

counterclaim against the claimant by com pleting a Notice of Claim "'" ... cbom

(Form 1) following the instructions on that form. The coun terclaim

shall be con nected to or related with the claim made against the

defendant, and the value of the counterclaim shall not exceed five

hundred Maltese liri.

5.2. A counterclaim is sen'ed on the claiman t when a copy of

the Reply together with the NO(tce of Claim made by the defendant is

sen'ed on the claimant in accordance with Rule 4.5.

5.3. If the value of th e counterc laim is more than five hundred

<Ji .

Maltese liri. the defendant may pursue the counterclaim before the

Tribunal if he decl ares in his Notice of Claim that he is aba ndoning the

amoun t of the counterclai m which is in excess of five hundred Maltese

liri.

A claimant shall reply 10 a counterclaim by com pleting a

5.4.

Reply (Form 2) followi ng the instructions on the form and the rules for

re pl yi ng to a Notice of Claim .

5.5. A de fendant who begins an action against aclaiman t before

a court, which action is related to or connected wi th suc h clai m brought

by the claimant against de fendant before the Tribunal, may appl y in

wri ting using a Blank Application (Form 7) to the Tribunal for an order

to postpone proceedings before the Tribunal.

Rul e 6 - I)efault Ordcrs against a I)cofendant

1. If a defendant does not file a Reply with in the time limi t

prescribed in Rule 4 .1, the claimant may ask the Tribunal for a default

order against the defendant.

6.2. To ask for a defau lt ordcr a claimant must

6.2.1. complete an Application for a Default Order (Form

3) following the instructions on that fonn . and filing it in the

Registry of the Tribunal where the N()(ice of Claim was filed; and

6.22. confirm on oath before the Secretary that the claim is

still due.

6.3. The Secrt:tary shall refe r any Applic3lion fora Default Order

10 an Arb ite r. and the Arbiter shall then decide whe ther or nO( to gran t

such a request.

6.4. The Arbi ter llIay . in determining an Application for a Default

Order

6.4.1. if such defendant failed to reply. give a default order

against the defendant who failed 10 reply without ho lding a

hearing: or

6.42. direct that a hearing be held subje1:;t to any measures

that the Arbiter may consider appropriate before proceeding to

detennine the Applica tion for a Default Order.

If the Arbiter orders that a hearing be held under this rule, ~ to

::z

6.5 .

he shall diTeCtthe Secretary to notify in writing the date, time and place

of the hearing to the claimant and any other persons whose attendance

the Arbiter may require. In any case the defendant against whom an

Appl ication for a Default Ordcr has been made,shall also be notified of

any such hearing.

Ru le 7 - Default Orders agai nsl a Clai ma nt

1. If a claimant does not file a Reply to a counterclaim made Doftndan< may"'"

rOt. ";....,.-.noo

. him in accordance with Rule 5 . 4 , the defendant making the ••

'gainst

~pI,IO'

coun terclaim may ask for a default order against that claimant.

coo .... \ojm .

7.2, A defendant may ask for a default order under this Ru le

by

7.2.1. completing an Application for a Default Order (Form

3) following the instructions on that form and filing it in the Regisuy

where he originall y filed his counterclaim; or

7.2.2. making a verbal request during the hearing scheduled

for the proceedings of the claim and counterclaim.

73. The Secretary shall refer a request for a default order made ~to

under Rule 7.2.1 to the Arbiter appointed to hear and detennine the ;''"rkf'':.':'''

original claim made against the defendant who is applying for a default-·

order.

7.4. The Arbiter shall determine both the claim and the

Application for a Default Order made under this rule in the course of ofclofO<.ll t

the same proceedings. In doing so the Arbiter may take such measures

as he may consider necessary 10 detennine all the issues before him .

7 .5. In any case before an Arbiterdetermines an Application for Dol_to'*<

a Default Order made under this rule, the defendant mak ing the-'

Application for a Default Order shall confirm on oath e ither before the

Arbiter or the Secretary that the counterclaim is still due.

Rule 8 - Amendin g or Withdrawing a Claim,

Repty or Counterclaim

1. A party may. at least seven days Defore the date appointed

for trial. apply to the Tribunal to change anything in a Notice of Claim,

in a Reply. or in any application or other document filed by that same

pany.

8.2. In requesting the Tribunal to amend anything in accordance

wi th this rule, a party shall complete a Blank Application (Fonn 7) and

file it in the Registry of the Tribunal where the Notice of Claim was

originally filed. The: Secretary shall refer the application to the Arbiter

who shall then decide what amendments. if any, shall De authorised.

8.3. The Secretary shall underline, initial and date any amendments

that an Arbiter may authorise to De effected .

The Secretary shall, at the expense of the party who made the

application, serve on the parties a copy of the revised document as

authorised by the Arbiter.

8.5. A party may withdraw a claim or counterclaim at any time. In

doing so a pany shall, through the Secretary, notify the other panies

with the withdrawal. A withdrawal may also De done .... erbally during

the cou~ of proceedings before the Arbiter, provided all the parties

have been served with a notice o f the hearing.

8 .6. A pany who withdraws a claim or counterclaim may not at

any time proceed with it or file another Notice ofClairn with respect to

that same claim orcounterclaim unless that party first applies in writing,

using a Blank Application (Fonn 7), to the Tribunal for pennission to

do so. Such an application shall be detennined by an Arbiter.

Rul e 9 - Prelimina ry Proceedings

1. After the lapse of the period in which a reply to a claim and a

reply to a counterclaim. if any, may De made. the Secretary shall verify

that all the panies have been served with the Notice of Claim agai nst

them or a Reply, if any, in accordance with these rules before proceeding

to appoint the case for hearing before an Arbiter.

9.2, If a pany has not been served with a Notice of Claim or a

Reply , the Secretary shall inform the Arbiter who may take suc h

measures as he considers to be appropriate in accordance with these

rules to ensure that all panies are duly served.

9.3. The Secretary shall . after verifying that eac h of the parties s--y .. _

has been served with the Notice of the Claim and wi th the Reply, if ,*"icoollwari.

any. appoint a date for hearing before an Arbiter. The Secretary shall

then serve all the parties with I Notice of Hearing (Form 4).

Rule 10 - I'rcparing for the Hea ring

Each pa rty shall . on being served with a Notice ofwho .. pon~ohon<lO

10."

Il<ftft 0 _

Heari ng -

1. 1. bring with him to the hearing all the documents.

repons and any OI:her evidence he intends to rely upon during the

course of the hearing. if these have not already been filed in the

Registry of the Tribunal: and

10.1.2. ensure that any witness he needs. attends for the

hearing at the appointed time, dale and place.

10.2. Ifthe Arbiterconsiders that a pany has allended for a hearing A_ofe,_

unprepared. the Arbiter shall order that pany 10 pay any reasonable ~::.:'y

expenses any of the other parties may have iocurred as a result.

10.3. Ifa witness is not prepared to allend for a hearing voluntarily. Ir .... ~ ....

a pany may apply to the Tribunal for an order to summon a witness by .. i ~ .. -

completing a Summons to Witness (Fonn 5) following the instructions

on that form.

lOA. A Summons to Witness shall be filed at least seven days T" _ _ .... "'"

before the date of the hearing when the person to be summoned as a :"'~~

witness is requ ired to give his evidence.

10.5. A person who is se rved with a Summons to Witness shall: DoIiesol._

10.5. 1. attend ferthe hearing at the time,dale and place stated

in the su mmons, and

10.5.2. bring with him any document and any ocher things

that may be required by the summons.

10.6 . The Arbiter appointed to hear the case may issue an Order -Il10)" .....

of Escort (Fonn 6) for Ii wi tness who does not attend for the hearing as an OrderolEocool.

requi red in a Summons to Witness, if the Arbiter is satisfied that

10.6.1. the summons was duly served on the witness; and

10.62. the evidence of the witness is necessary.

10.7. Th e Secretary shall. acting on the direction of the Arbiter,

refer an Orde r of Escort issued under this Rule, to the Registrar o f the

Coons for execution by an executive officer of the Courts.

10.8, An Arbiter shall, when iSliuing an Order of Escort, have the

same power as a Magistrate when issuing a warnlnt of escort .

Rule 11 - The Conduct or the H earing

11 .1. The Tribunal shall , in the course of the hearing of a c lai m

and c ounterclaim. if any. be constituted by the same arbiter and each

claim toge ther with any cou nterclaim, if any , s hall be tried separately.

2. If a hearing is interrupted before a final conclus ion is

reached as a re sult of the death , incapac ity or removal of the Arbiter

who constitutes the T ribunal in the hearing.the claim and counterclaim ,

if a ny. shall be reco mmenced before 11 Tribunal constituted by another

Arbiter.

J 1.3, l11C Arbiter may adjourn or postpone a hearing only ifhe

considers that there aTe valid reason s therefor. In doi ng so the Arbi te r

may order such measures as he considers to be necessary to ens ure a

sw ift conclusion of the hearing.

1104. A hearing shall be held in public. The Arbiter may , however,

after having considered the circumstances of the dispute o r at the request

of a pany. order that a hearing be held in private if he considers it to be

necessary to do so. In doing so the Arbiter may give directions as to the

persons who may be present during the hearing.

11 5. Duri ng the hearing. the Arbiter may at his d iscretion and

after considering the issues in dispute. assist the panies to arTh-e at a

settlement.

11.6. If the panies arrive a t a settlement and the Arbiter approves

o f the settlement agreed to, the settl ement shall then take effect as if it

were a decision o f the Arbiter given in accordance with section 25 o f

the Act.

11.7. Subject to section 23 of the Act the Arbiter may during the

cou rse of a he aring adopt an y method of procedure which he considers

to be fair and whi ch gives to each party an equal opponunity to submit

h is case.

11.8. Without prejudice to Rule 11.7 . of these roles or to the

provisions of the Act, the Arbiter may. arter having cons idered the

circumstances or the panies and whether they are represe nted or not

11 .8.1. put qu es ti ons to a ny of the p a rties or the

witnesses: and

11.8.2. explai n any legal terms or expressions which are used.

11.9. An Arbiter may at his discretion and in accordance with AI'P"'- .of

10<_

section 23 of the Act, decide to appoint a technical re feree if

11.9 .1. the Arbi te r considers th at such an appoin tment is

necessary ; or

11.9.2. if a party makes a request for such an appointment

and none of the other parties oppose.

11.10.

When appointing a technical re feree the Arbiter shall Fca.,oec:fwIicoI

determine the fees each of the parties shall initially pay to the referee. ",re.-.

The fees due to a referee shall be calculated in the same manner as if

the referee was giving expen evidcnce before the Coun of Magistrates

(Malta) in its civiljurisd iclion orthe Court of Magistrates (Gozo) in its

inferior civil jurisd iction.

Rule 12 - Failure or a Party to Attend for the Hearing

1. If a defendant does not anend for the hearing, the Arbiter Non·_

may allow the clai m agai nst that defendant .

by .... ,.......

12.2. If a claimant does not attend for the hearing, the Arbiter Nooo·_

o clai..-.

may

12.2.1. dismiss the claim. and

12 .2.2 . if the defendant has made a counterc laim and the

defendant is present, allow the C()tInterclaim.

12-1. If the Arbiter awards or dismisses a claim or counterclaim, eo.,..,bobomoby

if any, under this Rule, he shall order th at the costs be borne by the oI<f_"'1'""1 ·

party that failed to aplJear for the hearing.

Rule 13 - Representation

1. A party may conduct his own case during a hearin g. He may Co:Ooaof.-.

also be assisted by any other person including an advocate or a legal

procurator.

13.2. An Arbiter may exclude any person from assisting a party if _

...,.~.

he considers that such a person is not competent to do so.

13-1. If a party is a body having a disti nct legal personality ,such a If .... P"")' io.body

body shall be represented by a person wh o is duly authorised to act on ~insd~

its be half. In any claim or reply fi led by or aga inst such a body it shall

be sufficient to state the name of the said body .

13.4. An Arbiter may at his discret ion relieve any pany from the

conseque nces of the fai lure tocomply with the Act or these rules, if the

Arbite r considers that this was due to error, oversight or any other rea.sOfI

which the Arbiter considers to be valid . 1be Arbiter may, in such a

case, make any oroer whkh he considers to be jus!.

Rule 14 - Ikds ion of Arbiter after the Hearing

14 .1. The Arbite r shall give a decision about the claim an d

cou nterclaim, if any, either at the end of the hearing or at a later date.

2. If the decision of the Arbiter is to be given at a later date, the

Arbi ter shall either orally at the end of th e hearing or in writing through

the Secretary, inform the parties of the date when the decision shall be

given.

.............. hearing,

14.,3. If the decision of the Arbiter is not given at the end of the

then it shall be given as soon as practicable and each of the

parties shall be entitied to request from the Secretary a copy of that

dec ision . In no case shall a decision be given any later than fony days

from the date of the end of the hearing.

Rule 15 - Appeal

1. An appeal or a reply thereto Shllll be filed in the Reg istry of

the competent Court of Appeal in accordance with section 22 of the

Act.

15.2. In making an appeal or replying 10 an appeal from a decis ion

of the Consumer Claims Tribunal (Malta) a party shall follow the

procedure applicable when an appeal or reply thereto is made from a

judgement of the Court of Magistrates (Malta) si uing in its civil

jurisdiction. to the extent that such procedure is nOI in conflict wi th the

Act or with these rules.

15.3. In making an appeal or replyi ng to an appeal from adecision

of the Consumer Claims Tribunal (Gozo) a party shall follow th e

procedure applicable when an appeal or reply thereto is made from a

judgement of the Court of Magistrates (Gozo) silting in its inferior civil

jurisdiction to the extent that such procedure is not in conflict with the

Act or with these rules.

The Registrar of Courts shall within four days from when an

appeal is entered in the Registry of the competent Coun of Appeal,

notify in writing the Secretary of the Tribunal which gave the decision,

of the filing of such an appeal. The Secretary shall, on receipt of such

notification, transmit within four days the records of the case to the

Registrar.

Rule 16 - General

1. A claim or counterclaim may n<M be divided into two or more a.Hr\"'......-.

claims for the purpose of bringing it within the jurisdiction of the ::.::'"

Tribunal .

16.2. Without prejudice to these rules and in conformity with the ~

Act an Arbiter may give any order which he considers to be fair and =~:'*

necessary for the swift and effective settlement of any dispute before __ ' __

him .

16J, At any time, an Arbiter may ex tend or shon en any time ,,_ .... ,

li mit set by these rules on the tenus which he considers to be fair to all

parties.

An Arbiter may correct an accidental error or omission in a CcIm:ai<>oIoi.

decision, and may funhermore add provisions on e:o:penses, interesu ' . 'au.

or anything else that was not, but shou ld have been adjudicated on .

16.5. The Secretary sha ll assist any person who seeks ass istance ~IO"""

in completing Iny fonu s under these rules or in making any applicltion ,,"","".

to the Tribunal in accordance with these rules.

16.6. The provisions of the Code of Organiution and Civi l OJ ... . "':;.; .....

Procedure shall apply only to the extent that they are not inconsistent :;:'"c:'(); .

with the provisions of the Act or these rules.

... ' ..

iCIp.l2).

16.7 . If a case before a coun is transferred to a Tribu nal following <:-.t>ef<>ro.

a request by the panics made in accordance with the Act, in such an =T~~=

instance that case shall not be referred to the Director in accordance

wi th the provisions of subsection (4) of section 23. and the Secretary

shall pnxced to schedule the case for a hearing. This rule shall also

apply 10 any counterclaims made before a Tribunal.

Rule 17 - Other Rules abou t Servict

17 .. 1. Where any notice or any other document is required to be Semoool...,.."",

served under the Act orthese rules, it shall in the first instance be served cIoao_.

through the Secretary in any of the following manners

1.1. in the case of a physical person. by deliyering it. or

by sending it in a registered letter addressed to him. at his usull or

last known place o f residence; and

17 .1.2. in case of a body haying a distinct legal pe rsonal ity.

by delivering it to an officer or servant thereof 8t the registered

office or any other place ofbusiness.orby sending it in I registered

letter addressed to the body aforesaid at its registered office, postal

address or any other place of business.

17.2. If service cannot be effected in any o f the foregoing manners

stated in this rule, the Arbiter shall then order that service be made by

directing that a summary of suc h notice or document be published in

the Gazette and al least onc daily newspaper and by any other means

which he may consider suitable.

17.3. Service may be effected by Tribunal officers, officers o( the

Post Office in conformity with postal regulations or by executive officers

acting under the direction of the Registrar ofCourts at the request of an

Arbiter or the Secretary.

Rul e 18 - ,,'ees and Expense!J

\8.1 . Any pany who files any act or documen t in the registry of a

Tribunal shall pay such fees as are prescribed in the First Schedule to

these rules.

2. The Tribunal shall in its award tllX-

\8.2.1 any fees that may be due to advocates. legal

procurators or any other person assisting a party before the

T ribuna l. and

18 .2.2 any fees that may be due to a technical expert.

in accordance with the provisions of the Code and any rules made

thereunder about the payment offees due respectively to advocates. legal

procurators or any other person assisting a party before a court and

to technical experts. to the exte nt that the taxatiOn of such fees is

not in conflict with the Act or these rules.

18.3. The provisions of the Code relating to the fees payable in

the Regist!)' of the Court of Appeal where a party is filing an appeal or

a reply to an appeal from a decision of a Tribunal. shall apply to the

extent that they are not in conflict with the Act or these rules.

Rule 19 - Usc of Forms

1. The fonns in the Second Schedule shall be used in accordance

with these rules and the instructions on the respecth'e forms

19.2. The Secretary may refuse to accept a document for filing

unless it is

192 .1. in the form required by these rules. or

19 .2.2. completed according to the instru ctio ns on that

form.

FJ RST SCHEDULE

TA Rl FFA

.'ees J>Myable In the Registry of a T ribunal

I . For filing a notice of claim or a reply containing a counterclaim

1.1 whcre the amount clai med does not e;o;ceed Lm 100 ............................ Lm 1.00.0

12 where the amount c laimed does not e;o;ceed Lm250 .......................... Lm 2.00.0

I J where the amount claimed e;o;ceeds Lm2S0 ...................................... L m 3.00.0

2. For filing a reply provided it does not include a counterclaim .............. Lm 1.00 ,0

3. For the filing of any application or any other act incl uding

the fili ng of a technical referee ' s report ........ . ........... .... ....... .... . Lm 0 .10.0

4. Forevery service ... ... ............... ................. . ............. .. ....... .. Lm O.SO,o

5. For every copy, for every page of the ori ginal ................................. ......... . L m 0 .10 ,0

6. For each definitive decision of a Tribun al -

6.1 . In respect of the first Lm200 ............................................................ Lm 2.00.0

6 .2 . 1n respect of any value in e;o;cess of Lm200 ..................................... Lm 3.00.0

T AR IFF S

Fees payable in respect of Executive Acts

I . For the publication of adverts in the Gazette, for every insertion .......... Lm 2.00.0