Consumer Claims Tribunal (Amendment) Rules, 2011

Minister for Justice and Home Affairs

Prime Minister

L.N. 59 of 2011

L.N.

of 2011

CONSUMER AFFAIRS ACT

(CAP. 378)

Consumer Claims Tribunal (Amendment) Rules, 2011

IN exercise of the powers conferred by article 27 of the

Consumer Affairs Act, the Minister responsible for consumer affairs,

with the concurrence of the Minister responsible for justice, has made

the following rules:-

The title of these rules is the Consumer Claims Tribunal Title.

(Amendment) Rules, 2011 and these rules shall be read and construed

as one with the Consumer Claims Tribunal Rules, hereinafter referred S.L. 378.01.

to as "the principal rules".

Immediately after rule 3.1. of the principal rules, there Adds new rule

1.A to the

shall be added the following new rule

principal rules.

"3.1.A. A claim may also be filed by registered ‘advice of

receipt’ mail.".

3. In rule 3.5.2. of the principal rules, the words "a Blank Amends rule

Reply" shall be substituted by the words "a blank Reply to a Claim". 3.5.2.

principal rules.

Immediately after rule 3.5. of the principal rules, there Adds new rules

3.6., 3.7. and

shall be added the following new rules

3.8. to the

principal rules.

"3.6.

Upon receipt of a claim the Secretary shall immediately

3.6.1. register the claim, assign it before an Arbiter and

schedule a date for the hearing; and

3.6.2. serve both parties with a Notice of Hearing (Form 4

in the Second Schedule).

3.7. The hearing shall be scheduled on a day within fifty days

from the filing of the claim after taking into consideration the time

periods allowed by these rules for both parties to reply to the claim or

counterclaim.

3.8. The Secretary shall assign cases before Arbiters sitting in

one Tribunal in equal measure

"Provided that where an Arbiter has been appointed to sit in

the Tribunal (Gozo) and to sit in the Tribunal (Malta) he shall with

respect to the latter appointment be assigned half the amount of cases

assigned to an arbiter sitting exclusively in the Tribunal (Malta).".

In Rule 4.2. of the principal rules, the word "Reply"

wherever it appears shall be substituted by the words "Reply to a

Claim".

Immediately after rule 4.2. of the principal rules, there

shall be added the following new rule

"4.2.A. A reply to a claim may also be filed by registered

‘advice of receipt’ mail.".

In rule 4.3. of the principal rules, the word "Reply" shall be

substituted by the words "Reply to a Claim".

In rule 4.5.1. of the principal rules, the word "Reply" shall

be substituted by the words "Reply to a Claim (Form 2)".

Rule 4.5.2. of the principal rules shall be substituted by the

following

"4.5.2. a copy of the Notice of Counterclaim (Form 1A) made

by the defendant and a blank Reply to a Counterclaim (Form 2A) if

the defendant has made a counterclaim with his Reply to a Claim in

accordance with rule 5.".

In rule 5.1. of the principal rules, the word "Reply" shall be

substituted by the words "Reply to a Claim", and the words "Notice of

Claim (Form 1)" shall be substituted by the words "Notice of

Counterclaim (Form 1A)".

In rule 5.2. of the principal rules, the word "Reply" shall be

substituted by the words "Reply to a Claim", and the words "Notice of

Claim" shall be substituted by the words "Notice of Counterclaim".

In rule 5.3. of the principal rules, the words "Notice of

Claim" shall be substituted by the words "Notice of Counterclaim".

Rule 5.4. of the principal rules shall be amended as

follows

(a)

the words "Reply (Form 2)" shall be substituted by

the words "Reply to a Counterclaim (Form 2A)"; and

(b)

the words "and the rules for replying to a Notice of

Claim" shall be substituted by the words "and the rules for

replying to a Notice of Claim shall mutatis mutandis apply

when a claimant replies to a counterclaim.".

In rule 6.1. of the principal rules, immediately after the Amends rule

6.1. of the

words "a Reply" there shall be added the words "to a Claim".

principal rules.

In rule 6.3. of the principal rules, the words "The Secretary Amends rule

shall refer any Application for a Default Order to an Arbiter," shall be 6.3.

principal rules.

substituted by the words "The Secretary shall immediately refer any

Application for a Default Order to the Arbiter to whom the case is

assigned under rule 3.6.1,".

Immediately after rule 6.5. of the principal rules, there Adds new rule

6.6. to the

shall be added the following new rule

principal rules.

"6.6.

A hearing ordered by the Arbiter under this rule shall to

the extent possible be held on the same day scheduled for

the hearing by the Secretary under rule 3.6.1.".

In rule 7.3. of the principal rules immediately after the Amends rule

words "The Secretary shall", there shall be added the word 7.3.

principal rules.

"immediately".

In rule 8.1. of the principal rules immediately after the Amends rule

words "a Reply," there shall be added the words "to a Claim, a Notice 8.1.

principal rules.

of Counterclaim, a Reply to a Counterclaim,".

In rule 8.6. of the principal rules immediately after the Amends rule

words "Notice of Claim" there shall be added the words "or Notice of 8.6.

principal rules.

Counterclaim".

Rule 9.1. of the principal rules shall be substituted by the Substitutes rule

9.1. of the

following

principal rules.

"9.1. After the lapse of the period in which a reply to a

claim and a reply to a counterclaim, if any, may be made, the

Secretary shall verify that all the parties have been served with

the Notice of Hearing, the Notice of Claim against them, a

Reply to a Claim, a Notice of Counterclaim or a Reply to a

Counterclaim, if any, in accordance with these rules.".

In rule 9.2. of the principal rules, immediately after the Amends rule

words "If a party has not been served with", there shall be added the 9.2.

principal rules.

words "the Notice of Hearing," and the words "or a Reply" shall be

substituted by the words "a Reply to a Claim, a Notice of

Counterclaim or a Reply to a Counterclaim, if any,".

Rule 9.3. of the principal rules shall be deleted.

In rule 10.4. of the principal rules, immediately after the

words "A Summons to Witness shall be filed", there shall be added

the words "in the Registry of the Tribunal where the Notice of Claim

was filed,".

In the English version in rule 10.5.1. of the principal rules

the word "Witness" shall be deleted.

In rule 11.3. of the principal rules, immediately after the

words "conclusion of the hearing." there shall be added the words

"Except where otherwise provided in these rules, a hearing may not

be adjourned or postponed for a period of more than twenty days.".

Rule 11.9. of the principal rules shall be substituted by the

following

"11.9. An Arbiter may, in accordance with article 23 of the Act,

decide to appoint a technical referee if he considers that such an

appointment is necessary.

11.9.1. The Arbiter shall appoint technical referees from the list

of technical referees which the Minister may by Notice in the Gazette

publish. Where such list has not been published or where none of the

listed referees can provide the Tribunal with the expertise required,

the Arbiter may appoint a referee at his discretion.

11.9.2. The appointed referee shall submit his report to the

Tribunal by the date specified by the arbiter in the appointment which

date shall be within thirty days from the date of that appointment.".

Immediately after rule 11.10. of the principal rules there

shall be added the following new rule

"11.11. All other provisions relating to referees in the Code shall

apply unless in conflict with these rules.".

Rule 16.3. of the principal rules shall be substituted by the

following

"16.3. An Arbiter may on the terms which he considers to be

fair to all parties, in individual cases only and not generally to a

number of unrelated cases

16.3.1. shorten any time-limit set by these rules; or

16.3.2. extend any time-limit set by these rules, only in

exceptional circumstances

Provided that where a time-limit has been extended, due

justification thereof is provided by the arbiter in the decree.".

In rule 16.7. of the principal rules, immediately after the Amends rule

words "the Secretary shall proceed to schedule the case for a 16.7.

principal rules.

hearing", the words "on a date not being later than three weeks from

when the case was transferred to the Tribunal" shall be added.

In point 1 in Tariff A in the First Schedule the words "For Amends point 1

filing a notice of claim or a reply containing a counterclaim:" shall be in

First Schedule.

substituted by the words "For filing a notice of claim or a reply

together with a notice of counterclaim:".

In point 2 in Tariff A in the First Schedule the words "For Amends point 2

filing a reply provided it does not include a counterclaim" shall be in

First Schedule.

substituted by the words "For filing a reply to a claim without a notice

of counterclaim or a reply to a counterclaim".

Form 1 in the Second Schedule shall be substituted by the Substitutes

Form 1 in the

new Form 1 and Form 1A annexed to these rules.

Second

Schedule.

Form 2 in the Second Schedule shall be substituted by the Substitutes

Form 2 in the

new Form 2 and Form 2A annexed to these rules.

Second

Schedule.

Form 4 in the Second Schedule shall be substituted by the Substitutes

Form 4 in the

new Form 4 annexed to these rules.

Second

Schedule.

REGISTRY FILE

NO.

LOCATION

Form 1

NOTICE OF CLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

FROM

CLAIMANT

Fill in the name, address and telephone

number of the person making the claim

TO

DEFENDANT

F i l l i n t h e n a m e , address and

telephone number of the person the

claim is against

.......................NOTICE TO THE PARTY AGAINST WHOM THE CLAIM IS MADE

Whoever is served with this notice of claim must within 18 days from the date of service file a reply. If

he fails to do so, the Tribunal may then proceed to determine the dispute in his absence. A reply may

also be filed by registered ‘advice of receipt’ mail.

FOR OFFICE USE ONLY

Tribunal staff will fill in this

AMOUNT CLAIMED

€

FILING FEES

€

part

SERVICE FEES

€

TOTAL

€

.........PARTICULARS OF THE CLAIM

.........NOTICE TO CLAIMANT

You must first refer your claim to the Director of Consumer Affairs or to a registered consumer association

who will try to settle your dispute. If no settlement is achieved within 15 working days you may then present

your claim before the Tribunal.

Give the reference number of the

reference number

Department of Consumer Affairs file or the

reference used by the consumer association

date

relating to your claim and state the date when

you referred your claim to the Director or the

consumer association, as the case may be.

WHERE?

WHEN?

Tell where this

Tell when this

happened

happened

HOW MUCH?

State how much is

being claimed from the

defendant

€

B

I declare that any amount of my claim in excess of €3,494.06 is being

abandoned

……………………………………………………………… signature

FROM

You must be sure that the address that you give is

C o m p l e t e t h e N o t i c e o f Claim using a

correct because this is where the Registry will

typewriter or writing clearly. Make sure that all

send you any further notices or information. If

your address changes at any time please

notify the Registry immediately.

File the Notice of Claim by taking it to the

TO

Consumer Claims Tribunal Registry. Filing

Be sure that you have the correct address of

may also be effected by means of registered ‘advice

the defendant. If there is more than one

of receipt’ mail sent to the Consumer Claims

defendant put the name of each defendant (side

Tribunal Registry. You must pay a filing fee,

by side) in the space provided. In such a case

which depends on the amount you are

however make sure that the claim is a result

claiming and a service fee. The staff will

.

of the same transaction.

check the form and when it is accepted for

filing, apply the registry stamp, add on filing

WHAT HAPPENED?

and service fees and assign a file number. The

You do not need to tell everything about your

Secretary will then proceed to serve on your behalf

the defendant with a copy of the Notice of Claim.

case here. You must tell just enough to let

The Secretary will register the claim, assign it before

t h e defendant know what the case is all about.

an Arbiter, schedule a date for the hearing and serve

Keep your description brief. You will have

the defendant and you with a Notice of Hearing

a full opportunity to present all the facts

(Form 4 in the Second Schedule to these rules). The

during the trial.

hearing will be scheduled on a day within fifty days

from the filing of the claim after taking into

WHERE?

consideration the time periods allowed by these

rules for both parties to reply to the claim or

A Notice of Claim must be filed in the

Registry of the Tribunal where the transaction,

to which the claim refers, took place.

..WHAT HAPPENS AFTER

HOW MUCH?

If the defendant files a Reply to a Claim, you will

If the value of your claim is more than €3,494.06

be served with a copy of the Reply to a Claim. If

(excluding filing and service fees) you may still

no reply is filed within 18 days from the d a t e o f

present your claim before the Tribunal if you are

t h e n o t i f i c a t i o n o f t h e Notice of Claim, you

prepared to abandon the amount of your claim in

may apply for a default or der against the

excess of €3,494.06. In such a case you must then

defendant who failed to file a Reply to a Claim.

declare under ABANDONING PART OF

THE CLAIM that you are abandoning the

amount of your claim in excess of €3,494.06.

PARTICULARS OF THE CLAIM - continued

LIST YOUR WITNESSES IN THIS

Name and address of whom you intend to call as witness

PART

WHAT HAPPENED?

ATTACH EXTRA SHEETS IF SPACE IS INSUFFICIENT

Say what is being claimed, stating

briefly the facts that led to the

dispute

signature of claimant

date

B

REGISTRY FILE

NO.

LOCATION

Form 1A

NOTICE OF COUNTERCLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

Notice to party making the

Indicate the registry file number of the claim made against you.

counterclaim

FROM

DEFENDANT

Fill in the name, address

and telephone number of

the person making the

counterclaim

TO

CLAIMANT

Fill in the name,

address and telephone

number of the person the

counterclaim is against

NOTICE TO THE PARTY AGAINST WHOM THE COUNTERCLAIM .IS MADE

Whoever is served with this notice of counterclaim must within 18 days from the date of service file a

reply to a counterclaim. If he fails to do so, the Tribunal may than proceed to determine the dispute in his

absence. A reply to a counterclaim may also be filed by registered ‘advice of receipt’ mail.

WHERE?

WHEN?

Tell

where

this

Tell when this

happened

happened

HOW MUCH?

State how much is

being claimed from the

claimant

€

ABANDONING

PART

OF

THE

COUNTERCLAIM

If you are abandoning

I declare that any amount of my counterclaim in excess of €3,494.06 is

being abandoned

part

of

your

counterclaim in excess

……………………………………………………………… signature

of €3,494.06 sign

this declaration

...STEP 1

FROM

You must be sure that the address that you give is correct

.Complete

the

Notice

of

because this is where the Registry will send you any

C o u n t e r claim using a typewriter or

further notices or information. If your address

writing clearly. Make sure that all the

changes at any time please notify the Registry

copies are legible.

immediately.

...STEP 2

TO

..File the Notice of Counterclaim

Be sure that you have the correct address of t h e

together with your Reply to a Claim by

claimant. If there is more than one claimant put the

taking it to the Consumer Claims

name of each claimant (side by side) in the space

Tribunal Registry. Such filing may also be

provided. In such a case however make sure that the

effected by means of registered ‘advice of

claim is a result of the same transaction.

receipt’ mail sent to the Consumer Claims

Tribunal Registry. You must pay a filing

fee, which depends on the amount

WHAT HAPPENED?

you are claiming and a service fee.

You do not need to tell everything about your case

The staff will check the form and when

here. You must tell just enough to let claimant

it is accepted for filing, apply the

know what the counterclaim is all about. Keep your

registry stamp. The Secretary will register

description brief. You will have a full opportunity

the counterclaim, which will be heard

to present all the facts during the trial.

together with the original claim made against

you as notified in the notice of hearing. The

Secretary will proceed to serve on your

HOW MUCH?

behalf the claimant with a copy of the Notice

If the value of your counterclaim is more than €3,494.06

of Counterclaim together with your Reply to

(excluding filing and service fees) you may still present

a Claim.

your counterclaim before the Tribunal if you are prepared

to abandon the amount of your counterclaim in excess of

..STEP 3

WHAT HAPPENS AFTER

€3,494.06. In such a case you must then declare under

ABANDONING

PART

OF

THE

...If the claimant files a Reply to a

C O U N T E R CLAIM that you are abandoning the

Counterclaim, you will be served with a

amount of your counterclaim in excess of €3,494.06.

copy of the Reply to a Counterclaim. If no

reply to a counterclaim is filed within 18

days from the date of t h e n o t i f i c a t i o n

o f t h e Notice of Counterclaim, you may

apply f o r a d ef a ul t or de r a g a in s t t he

claimant who failed to file a Reply to a

Counterclaim.

B

PARTICULARS OF THE COUNTERCLAIM - continued

LIST YOUR WITNESSES IN THIS

Name and address of whom you intend to call as witness

PART

WHAT HAPPENED?

ATTACH EXTRA SHEETS IF SPACE IS INSUFFICIENT

Say what is being claimed, stating

briefly the facts that led to the

dispute

signature of defendant

date

REGISTRY FILE

NO.

LOCATION

Form 2

REPLY TO A CLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

TO

CLAIMANT

Fill in the name, address

and telephone number of

the person making the

claim against you

FROM

DEFENDANT

Fill in the name,

address and telephone

number of the defendant

filing this reply

NOTICE TO DEFENDANT

If with your Reply to a Claim you want to make a counterclaim then you should complete a Notice of

Counterclaim yourself, following the instructions on that form. Make sure that your Notice of

Counterclaim is presented together with your Reply to a Claim.

Tribunal staff will fill in this

FOR OFFICE USE ONLY

part

AMOUNT CLAIMED*

€

FILING FEES

€

* Amount claimed is only

SERVICE FEES

€

applicable if you as a

TOTAL

€

defendant are also making a

counterclaim together with

this reply

B

..STEP 1

FROM

This is where you identify the party who is

C o m p l e t e t h e R e p l y t o a C l a i m using a

filing this Reply to a Claim. Give an address

typewriter or writing clearly. Make sure that all

where notices and other information about

the copies are legible.

the dispute can be sent to you. If your

address changes at any time please notify the

..STEP 2

Registry immediately .

File the Reply to a Claim by taking it to the

Consumer Claims Tribunal Registry where the

DISPUTE

Notice of Claim against you was filed. A reply

may also be filed by means of registered ‘advice of

You do not need to tell everything about

receipt’ mail. The staff will check the form and

your case here. You must tell just

if it is in order, accept it for filing, apply the

enough to indicate to the claimant and

registry stamp and add on filing and service

to the Tribunal what parts of the claim

fees. The Reply to a Claim must be filed

you dispute and why. If there is anything

within 18 days from when you are served

in the Notice of Claim with which you

with the Notice of Claim.

agree, be sure to include that in your reply.

STEP 3

COUNTERCLAIM

WHAT HAPPENS AFTER

If you want to make a counterclaim that is a

Then the Tribunal will send a copy of your Reply

claim against the claimant, then together with

to a Claim to the claimant. The date of hearing,

your Reply to a Claim you must also complete

the place where the dispute will be heard, and the

a Notice of Counterclaim following the

presiding Arbiter are those specified in the Notice

instructions on that form. To make a

of Hearing form you have received together with

counterclaim your own claim must be

this form.

connected to or related to the claim that the

claimant has made against you.

PARTICULARS OF THE REPLY TO A CLAIM - continued

LIST YOUR WITNESSES IN THIS

Name and address of whom you intend to call as witness

PART

DISPUTE

ATTACH EXTRA SHEETS IF SPACE IS INSUFFICIENT

State if you are disputing the claim

being made. If you are, then explain

with what you disagree and why.

signature of defendant

date

B

REGISTRY FILE

NO.

LOCATION

Form 2A

REPLY TO A COUNTERCLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

TO

DEFENDANT

Fill in the name, address

and telephone number of

the person making the

counterclaim against you

FROM

CLAIMANT

Fill in the name,

address and telephone

number of the claimant

filing this reply to a

counterclaim

FOR OFFICE USE ONLY

Tribunal staff will fill in this

FILING FEES

€

part

SERVICE FEES

€

TOTAL

€

FROM

STEP 1

This is where you identify the party who is

filing this Reply to a Counterclaim. Give an

Complete the Reply to a Counterclaim

address where notices and other information

using a typewriter or writing clearly. Make sure that

about the dispute can be sent to you. If this

all the copies are legible.

address changes at any time please notify the

Registry immediately.

STEP 2

DISPUTE

File the Reply to a Counterclaim by .taking it

You do not need to tell everything about your

to the Consumer Claims Tribunal Registry

case here. You must tell just enough to

where the Notice of Claim was filed. A Reply to

indicate to the defendant and to the

a Counterclaim may also be filed by means of

Tribunal what parts of the counterclaim

registered ‘advice of receipt’ mail. The staff will

you dispute and why. If there is anything in

check the form and if it is in order, accept it

the Notice of Counterclaim with which you

for filing. The Reply to a Counterclaim must

be filed within 18 days from when you are

agree, be sure to include that in your reply.

served with the Notice of Counterclaim.

STEP 3

WHAT HAPPENS AFTER

Then the Tribunal will send a copy of your Reply to a

Counterclaim to the defendant. The date of the

hearing, the place where the dispute will be heard,

and the presiding Arbiter are those specified in the

Notice of Hearing form you were served with

following the filing of your Notice of Claim.

B

PARTICULARS OF THE REPLY TO A COUNTERCLAIM - continued

LIST YOUR WITNESSES IN THIS

Name and address of whom you intend to call as witness

PART

DISPUTE

ATTACH EXTRA SHEETS IF SPACE IS INSUFFICIENT

State if you are disputing the

counterclaim being made. If you

are, then explain with what you

disagree and why.

signature of claimant

date

REGISTRY FILE

NO.

LOCATION

Form 4

NOTICE OF HEARING

IN THE CONSUMER CLAIMS TRIBUNAL

CLAIMANT

AND

DEFENDANT

You are informed that the hearing of your dispute will take place before an Arbiter of the

Consumer Claims Tribunal

date

time

address where the hearing will be held

name of arbiter...................

signature of tribunal secretary

date

WARNING TO PARTIES

If you fail to attend for the hearing without giving a valid reason, the Arbiter may decide the

dispute in your absence and award expenses against you. If you cannot attend for the hearing

you must then immediately apply in writing to the Tribunal requesting a postponement,

explaining why you cannot attend. It is at the discretion of the Tribunal to decide whether your

request is justified or not.

NOTICE OF HEARING

ATTEND for the hearing at least ten minutes before the appointed time.

Make sure that you are fully prepared, since this will be your only opportunity to state your case

and submit your evidence to the Tribunal.

BEAR IN MIND these points

.....1...BRING all the documents that are relevant to the case such as receipts, correspondence or

agreements.

.....2...MAKE SURE that any witnesses whose evidence you need arrive early. If a witness is not

prepared to attend voluntarily, then you should apply to the Tribunal for the issue of a Summons

to Witness (Form 5). The summons is an order of the Tribunal telling the witness to attend for

the hearing.

.....3...PREPARE what you are going to say beforehand. Go over all the facts in chronological

order. You may during the hearing refer to any notes you may have prepared beforehand.

€1.68