59 tal-2015 - Regoli tal-2015 li jemendaw ir-Regoli dwar Tribunal għal Talbiet Żgħar

L.N. 59 of 2015

SMALL CLAIMS TRIBUNAL ACT

(CAP. 380)

Small Claims Tribunal (Amendment) Rules, 2015

BY VIRTUE of the powers granted by article 16 of the Small

Claims Tribunal Act, the Minister for Justice, Culture and Local

Government, in consultation with the Minister for Finance, has made

the following rules:-

(1)

The title of these rules is the Small Claims Citation and

Tribunal (Amendment) Rules, 2015, and these rules shall be read and commencement.

construed as one with the Small Claims Tribunal Rules, hereinafter S.L. 380.01

referred to as "the principal rules".

(2) These rules shall be deemed to have come into force on 1st

January, 2015.

The Second Schedule to the principal rules shall be Substitutes the

substituted by the following

"SECOND SCHEDULE

Tariff A: Fees payable in the Small Claims Tribunal

1. For the filing of any claim ....................................................

2. For the filing of any reply ......................................................

For the filing of any application of appeal .............................

For the filing of an answer to an application of appeal ..........

The fees established in paragraphs 1 to 4 of this Tariff shall

include the filing of all other acts of procedure and services

(including but not limited to the filing of warrants for the

examination of witnesses, the examination itself, recording

fees, transcriptions and copies, the services of judicial

assistants, decrees and declarations prior to definitive

judgement, taxed bill of costs and copies of the judgement)

required following the initiation of the cause through the said

act up to and including final judgement but excluding any

fees due for the notification of acts and any fees due to

referees or experts appointed by the Tribunal or any fees

which the Tribunal may be required to pay to third parties.

No fee shall be levied for the filing of any note of admission

of a claim provided that the claim is admitted in full and

unconditionally before any contestation thereon.

Any counter-claim contained in any reply or answer shall be

treated as if it is a new claim or appeal and the fees set out in

paragraphs 1 to 4 of this Tariff shall be levied on the counter

claim and the reply thereto.

The fees stated in paragraphs 1 to 4 of this Tariff shall also be

due on the filing of any application to the Tribunal to be

permitted to file any statement of defence, answer or other act

of procedure filed in reply to a claim and intended to contest,

whether totally or partially, a claim or appeal.

(1) For every notification of an act of procedure, including

expenses incurred in the execution of such notification, the

following fees shall be due

(i) registry fee ..............................................................

(ii) fee due to the executive officer effecting the service ..

Provided that if service is to be effected outside normal

working hours, the fees contained in this paragraph shall be

increased by 100%.

(2) Notwithstanding anything contained in this Tariff if the

notification of any act is to be executed personally by an

executive officer of the Tribunal, in cases where the law

permits that service be effected otherwise, the following

additional fees shall be due, for each notification

(i) registry fee ...............................................................

(ii) fee due to the executive officer effecting the service ..

(3) The fees established in subparagraph (2) shall not apply when

service is to be effected personally by an executive officer of

the Tribunal in terms of any law, and in such cases the fees

established in subparagraph (1) shall apply.

10.For any other act of procedure indicated in the Small Claims

Tribunal Act, but for which no fee is established in this

Tariff

Provided that fees for services not specifically provided for in

this Tariff but provided for in other Tariffs contained in the

Code of Organization and Civil Procedure shall be taxed

according to those Tariffs.

11.For the opening of the registry outside working hours

(i) registry fee ................................................................

(ii) fee due to attending deputy registrar ..........................

(iii)fee due to each executive officer required to effect

service ......................................................................

12.(1) All fees due shall be paid together with the filing of the

relative act and the Registrar shall not accept for filing any

act of procedure, which is not accompanied by the relative

fee.

(2) The assessment of the Registrar on the amount of fees to be

paid shall be final.

(3) In assessing the fees laid down in this Tariff no account shall

be taken of any faction of €1.

13.(1) The Tribunal may, when delivering judgement, order that

the plaintiff or defendant in a cause pay increased costs to the

Registrar of Courts of not less than €200 and not more than

€650 if the Tribunal deems that the act of procedure initiating

the claim or the act of procedure in reply was frivolous or

vexatious or that either of the parties has unnecessarily

prolonged the proceedings and in such case such sum will not

be recoverable from the other party.

No appeal shall lie from the decision of the Tribunal.

(2) The Tribunal may, when delivering judgement, also refer to

the Commission for the Administration of Justice the

advocate of the plaintiff or of the defendant if the Tribunal

deems that the advocate is responsible, wholly or partly, for

the frivolous or vexatious act of procedure or for prolonging

the proceedings.

No appeal shall lie from the decision of the Tribunal.

14.(1) The Registrar shall cause a taxed bill of costs to be kept in

the file of each cause and shall immediately enter therein all

payments made to the Registrar and all payments due to the

advocates and legal procurators of the parties and the parties

and their advocates and legal procurators shall have the right

to a copy thereof at any time.

(2) Within one month of the delivery of the definitive judgement,

the Registrar shall cause a final taxed bill of costs to be

drawn up.

Tariff B: Professional Fees

1. A fee of €81.53 shall be taxed by the Registrar for professional services

rendered before the Small Claims Tribunal by any advocate or legal procurator

assisting any of the parties where the amount in dispute does not exceed €582.34.

2. A fee in accordance with the Tariff for professional fees in cases

appearing before the Court of Magistrates shall be taxed by the Registrar for

professional services rendered before the Small Claims Tribunal by any advocate

or legal procurator assisting any of the parties where the amount in dispute

exceeds €582.34.

3. A fee of €174.70 shall be taxed by the Registrar for professional services

rendered before the Court of Appeal by any advocate or legal procurator assisting

any of the parties .".

€0.36