CONSUMER CLAIMS TRIBUNAL RULES

SUBSIDIARY LEGISLATION 378.01

CONSUMER CLAIMS TRIBUNAL RULES

16th January, 1996

LEGAL NOTICE 8 of 1996, as amended by Legal Notices 284 of 2000,

425 of 2007 and 59 of 2011, XVI of 2019, XLIV of 2021 and XXIV of 2023.

Rule 1 - Citation

The title of these rules is the Consumer Claims Tribunal

Rules.

Rule 2 - Definitions

TARIFF A

Fees payable in the Registry of a Tribunal

1. For filing a notice of claim or a reply together with a notice of counterclaim

where the amount claimed does not exceed €580.00..........€7.00

where the amount claimed does not exceed €1,165..........€11.50

where the amount claimed does not exceed €2,330 .........€18.50

where the amount claimed does not exceed €3,500 .........€23.00

where the amount claimed does not exceed €5,000 .........€27.50

where the amount claimed does not exceed €6,500 .........€32.00

where the amount claimed does not exceed €8,500..........€36.50

where the amount claimed exceeds €8,500 ......................€41.00

2. For filing a reply to a claim without a notice of a counterclaim or a reply to a

counterclaim ……….........………………………€7.00

3. For the filing of any application or any other act including the filing of a

technical referee’s report …………………………......€2.00

4. For every service ..………………………………………€2.50

5. For each final decision of a Tribunal

in respect of the first €1,165…....………...................……€9.50

in respect of any value not exceeding €5,000...…............€18.50

in respect of any value in excess of €5,000......................€27.50

TARIFF B

Fees payable in respect of Publications

1. For the publication of adverts in the Gazette, for every insertion…….....€5.00

TARIFF C

Fees payable in the Registry of the Court of Appeal

1. For the filing of an application of appeal....……...….€35.00

In these rules unless the context otherwise requires -

"Act" means the Consumer Affairs Act;

"claimant" means the person, whether a consumer or a trader,

who is making the claim;

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

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

claimant;

"court" means any court or other tribunal of civil jurisdiction as

the case may be;

"days" means, unless stated otherwise, running 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 which he has been served;

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

against whom the claim is made;

"the Director General" means the Director General (Consumer

Affairs) as defined in the Act;

"Form" means any one of such forms as are specified in the

Second Schedule;

"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 or any other rules made in

conformity with the Act;

"remote location" means a place away from the Consumer Claims

Tribunal;

"Secretary" includes any Deputy Secretary appointed in

accordance with the Act;

"Tribunal" means a Consumer Claims Tribunal established under

the Act.

Rule 3 - Making a Claim

Amended by

L.N. 284 of 2000;

L.N. 425 of 2007;

L.N. 59 of 2011.

Substituted by

XXIV.2023.11.

REGISTRY FILE

NO.

LOCATION

FORM 1

NOTICE OF CLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

FROM

CLAIMANT

(who is making the claim)

Indicate the name, identity

card number, postal

address, email address and

telephone/mobile number

of the person making the

claim

TO

DEFENDANT

(who is receiving the claim)

Indicate the name, postal

address, email address

and telephone/mobile

number of the person

against whom the claim

is being made (any other

identification details

available, including

identity card number or

company registration

number are to be

included)

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/she fails to do so, the Tribunal may then proceed to determine the dispute in his/

her absence.

FOR OFFICE USE ONLY

AMOUNT CLAIMED

€

FILING FEES

€

SERVICE FEES

€

TOTAL

€

DETAILS OF THE CLAIM

DECLARATION BY CLAIMANT

I/we referred my/our claim to the Director General (Consumer Affairs)/registered consumers’

association who tried to settle my/our dispute but no settlement was achieved within 15

working days.

Indicate the reference number of the

Reference number

Office for Consumer Affairs/registered

consumers’ association’s file relating to

your claim and state the date when you

Date

referred your claim to the Director

General or the consumers’ association,

as the case may be.

AMOUNT CLAIMED

Indicate how much is being

€

claimed from the defendant

I declare that any amount of my claim in excess of

FORFEITING PART OF

€10,000.00 is being forfeited

A CLAIM

If you are forfeiting part of

………………………………………………………………

your claim in excess of

Signature

€10,000.00, you should

sign this declaration

STEP 1

CLAIMANT (who is making the claim)

Complete the Notice of Claim by writing clearly or by

You must ensure that the address that you indicate is

typing in the information required.

correct because the Secretary to the Tribunal shall

send you other notices or information in the

STEP 2

indicated address. If your address changes please

notify the Secretary immediately on 21227070 or

The Notice of Claim is to be filed at the Consumer

send an email on tribunal.cases@mccaa.org.mt.

Claims Tribunal Registry. You must pay a filing fee,

which depends on the amount you are claiming, and a

DEFENDANT (who is receiving the claim)

service fee. The Secretary to the Tribunal will then

You must ensure that the name and address of the

proceed to serve, on your behalf, the defendant with a

defendant are correct. If there is more than one

copy of the Notice of Claim.

defendant, indicate the name of each defendant (side

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

STEP 3

you must ensure that the claim is a result of the same

transaction.

If the defendant files a reply, you will be served with a

When the defendant is a limited liability company, the

copy of the reply. If no reply is filed within 18 days of

claim must be made against the said company and not

the date of the notification of the Notice of Claim, you

against its directors or employees of the said company.

may apply for a default order against the defendant

When the defendant operates under a trade name, the

who failed to file a reply.

claim must be made against the owner of the business.

AMOUNT CLAIMED

If the value of your claim is more than €10,000.00

(excluding filing and services fees) you may still

present your claim before the Tribunal if you are

prepared to forfeit the amount of your claim in excess

of €10,000.00. In such a case you must then declare

under ‘Forfeiting part of the claim’ that you are

forfeiting the amount of your claim in excess of

€10,000.00.

EXPLAIN WHAT HAPPENED

Indicate what is being claimed. Keep your description

brief and indicate sufficient facts in order that the

defendant is clearly informed about what your case is

all about. You shall have the opportunity to present all

the facts during the hearing. You must include

photocopies of all the relevant documentation that you

intend to file.

WHERE TO FILE A NOTICE OF CLAIM

A Notice of Claim must be filed in the Registry of the

Tribunal where the transaction to which the claim

refers took place.

In case you require further information or guidance, you may contact the

S e c r e t a r y t o t h e Tr i b u n a l o n 2 1 2 2 7 0 7 0 o r b y s e n d i n g a n e m a i l t o

tribunal.cases@mccaa.org.mt

DETAILS OF THE CLAIM - continued

INDICATE YOUR

Name and surname of persons you intend to call as witness

WITNESSES IN

THIS PART

EXPLAIN WHAT

YOU MAY ATTACH EXTRA SHEETS IF SPACE IS

HAPPENED

INSUFFICIENT

Indicate what is being

claimed by briefly

explaining the facts that

led to the dispute

Would you consider a

YES

NO

virtual sitting (remote

location) instead of

physically attending at

the Tribunal?

Signature of claimant

Date

REGISTRY FILE NO.

LOCATION

FORM 1A

NOTICE OF COUNTERCLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

FROM

DEFENDANT

(who is receiving the claim)

Indicate the name,

identity card number

and/or company

registration number,

postal address, email

address and

telephone/mobile

number of the

defendant filing this

reply

TO

CLAIMANT

(who is making the claim)

Indicate the name,

identity card number,

postal address, email

address and telephone

number/mobile

number of the person

making the claim

against you

NOTICE TO THE PARTY AGAINST WHOM THE COUNTERCLAIM IS MADE

Whoever is served with the Notice of Counterclaim must within 18 days from the date of

service, file a reply to a counterclaim. If he/she fails to do so, the Tribunal may then proceed to

determine the dispute in his/her absence.

FOR OFFICE USE ONLY

AMOUNT CLAIMED

€

FILING FEES

€

SERVICE FEES

€

TOTAL

€

AMOUNT CLAIMED

State how much is being

€

claimed from the claimant

I declare that any amount of my claim in excess of

FORFEITING PART OF

€10,000.00 is being forfeited

A CLAIM

If you are forfeiting part of

………………………………………………………………

your claim in excess of

Signature

€10,000.00 you should sign

this declaration

Kindly indicate the Registry file number of the claim made against you: CCT

STEP 1

FROM

Complete the Notice of Counterclaim by writing clearly or You must ensure that the address that you

by typing in the information required.

indicate is correct because the Secretary to the

Tribunal shall send you other notices or

STEP 2

information in the indicated address. If your

address changes please notify the Secretary

The Notice of Counterclaim is to be filed at the Registry of

immediately on 21227070 or send an email

the Consumer Claims Tribunal. You must pay a filing fee

on tribunal.cases@mccaa.org.mt.

which depends on the amount you are claiming and a service

fee. The Secretary to the Tribunal shall then proceed to serve TO

the claimant on your behalf with a copy of the Notice of

Counterclaim together with your Reply to a Claim.

You must ensure that the name and address of the

claimant are correct. If there is more than one

STEP 3

claimant, indicate the name of each claimant

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

If the claimant files a Reply to a Counterclaim, you shall be

case, however, you must ensure that the claim is a

served with a copy of that reply. If no reply to a counterclaim

result of the same transaction.

is filed within 18 days from the date of the notification of the

Notice of Counterclaim, you may apply for a default order AMOUNT CLAIMED

against the claimant who failed to file a reply to the

counterclaim.

If the value of your counterclaim is more than

€10,000.00 (excluding filing and services fees)

you may still present your counterclaim before

the Tribunal if you are prepared to forfeit the

amount of your claim in excess of €10,000.00. In

such a case you must then declare under

‘Forfeiting part of the claim’ that you are

forfeiting the amount of your claim in excess of

€10,000.00.

EXPLAIN WHAT HAPPENED

Keep your description brief and indicate

sufficient facts in order that the claimant is

clearly informed about what your case is all

about. You shall have the opportunity to present

all the facts during the hearing. You must include

photocopies of all the relevant documentation

that you intend to file.

WHERE TO FILE

A

NOTICE

OF

COUNTERCLAIM

A Notice of Counterclaim must be filed in the

Registry of the Tribunal where the transaction to

which the claim refers took place.

In case you require further information or guidance, you may contact the Secretary to the

Tribunal on 21227070 or by sending an email to tribunal.cases@mccaa.org.mt

DETAILS OF THE COUNTERCLAIM - continued

INDICATE YOUR WITNESSES

Name and surname of persons you intend to call as

IN THIS PART

witness

EXPLAIN WHAT HAPPENED

YOU MAY ATTACH EXTRA SHEETS IF

SPACE IS INSUFFICIENT

Indicate what is being claimed by

briefly indicating the facts that led to

the dispute

Would you consider a virtual sitting

YES

NO

(remote location) instead of

physically attending at the Tribunal?

Signature of claimant

Date

REGISTRY FILE NO.

LOCATION

FORM 2

REPLY TO A CLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

TO

CLAIMANT

(who is making the claim)

Indicate the name,

identity card number,

postal address, email

address

and

telephone/mobile

number of the person

making the claim

against you.

FROM

DEFENDANT

(who is receiving the claim)

Indicate the name,

identity card number

and/or

company

registration number,

postal address, email

address

and

telephone/mobile

number

of

the

defendant filing this

reply.

NOTICE TO DEFENDANT

If with the Reply to a Claim you intend to make a counterclaim, you must complete a Notice

of Counterclaim as well, following the instructions on that form (Form 1A). You must ensure

that your Notice of Counterclaim is filed together with the Reply to a Claim.

FOR OFFICE USE ONLY

AMOUNT CLAIMED*

€

FILING FEES

€

SERVICE FEES

€

TOTAL

€

*The amount claimed is only applicable if as a defendant you are also filing a counterclaim

together with this reply.

STEP 1

FROM

Complete the Reply to a Claim by writing clearly or

You must ensure that the address that you indicate is

by typing in the information required.

correct because the Secretary to the Tribunal shall

send you any other notices or information at the

indicated address. If your address changes, please

notify the Secretary to the Tribunal immediately by

STEP 2

calling on 21227070 or send an email on

tribunal.cases@mccaa.org.mt.

The Reply to a Claim is to be filed at the Registry of

the Consumer Claims Tribunal. You must pay filing

and service fees. The Reply to a Claim must be filed

within 18 days from when you are served with the

DISPUTE

Notice of Claim.

You must keep your description of facts brief and

include sufficient details to indicate to the claimant

and to the Tribunal which parts of the claim you are

STEP 3

contesting and the reason. If there are parts in the

Notice of Claim with which you agree, you must

The Secretary to the Tribunal shall send a copy of

ensure to include them in your reply.

your Reply to a Claim to the claimant. The date of

hearing, the place where the dispute will be heard

and the presiding Arbiter are specified in the Notice

of Hearing form you received together with this

COUNTERCLAIM

form.

If you intend to make a counterclaim, that is a claim

against the claimant, you must also complete the

Notice of Counterclaim together with your Reply to a

Claim. To be entitled to make a counterclaim, such

claim must be connected to, or related to the claim

that the claimant has made against you.

In case you require further information or guidance, you may contact the Secretary to the

Tribunal on 21227070 or by sending an email to tribunal.cases@mccaa.org.mt

DETAILS OF THE REPLY TO A CLAIM - continued

LIST YOUR

Name and surname of persons you intend to call as witness

WITNESSES

IN THIS

PART

DISPUTE

YOU MAY ATTACH EXTRA SHEETS IF SPACE IS

INSUFFICIENT

Indicate

if

you

are

contesting the claim that is

being made against you. If

you are contesting it, you

must explain the parts that

you disagree with and the

reason.

Would you consider a

YES

NO

virtual

sitting

(remote

location)

instead

of

physically attending at the

Tribunal?

Signature of defendant

Date

REGISTRY FILE NO.

LOCATION

FORM 2A

REPLY TO A COUNTERCLAIM

IN THE CONSUMER CLAIMS TRIBUNAL

TO

DEFENDANT

(who is receiving the claim)

Indicate the name,

identity card number

and/or company

registration number,

postal address, email

address and

telephone/mobile

number of the person

making the

counterclaim against

you

FROM

CLAIMANT

(who is making the claim)

Indicate the name,

identity card number,

postal address, email

address and

telephone/mobile

number of the

claimant filing this

reply to a

counterclaim

FOR OFFICE USE ONLY

FILING FEES

€

SERVICE FEES

€

TOTAL

€

STEP 1

FROM

Complete the Reply to a Counterclaim by

You must ensure that the address that you

writing clearly or by typing in the

indicate is correct because the Secretary to the

information required.

Tribunal shall send you any other notices or

information at the indicated address. If your

address changes at any time, please notify the

STEP 2

Secretary to the Tribunal immediately on

21227070

or

send

an

email

on

The Reply to a Counterclaim has to be filed

tribunal.cases@mccaa.org.mt.

in the Registry of the Consumer Claims

Tribunal. You must pay filing and service

DISPUTE

fees. The Reply to a Counterclaim must be

You must keep your description brief and you

filed within 18 days from when you are

must include sufficient details to indicate to

served with the Notice of Counterclaim.

the defendant and to the Tribunal which parts

of the claim you are contesting and the reason.

STEP 3

If there are parts in the Notice of

Counterclaim with which you agree, you must

The Secretary to the Tribunal shall serve a

ensure to include them in your reply.

copy of your Reply to a Counterclaim upon

the defendant. The date of 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.

In case you require further information or guidance, you may contact the Secretary to the

Tribunal on 21227070 or by sending an email to tribunal.cases@mccaa.org.mt

DETAILS OF THE REPLY TO A COUNTERCLAIM - continued

INDICATE YOUR

Name and surname of persons you intend to call as

WITNESSES IN THIS

witness

PART

DISPUTE

YOU MAY ATTACH EXTRA SHEETS IF SPACE

IS INSUFFICIENT

Indicate if you are contesting the

claim that is being made against

you and explain why you disagree

with the claim.

Yes

No

Would you consider a virtual

sitting (remote location) instead of

physically attending at the

Tribunal?

Signature of defendant

Date

REGISTRY FILE NO.

LOCATION

FORM 3

APPLICATION FOR A DEFAULT ORDER IN THE CONSUMER CLAIMS

TRIBUNAL

In the case between

Indicate the names

CLAIMANT

of the parties to the

(who is making the claim)

dispute by copying

the details from the

Notice of Claim

AND

DEFENDANT

(who is receiving the claim)

Name of party

APPLICANT

making the

(who is making this application)

application

I respectfully request that this Tribunal issues a default order against

(indicate the official name and surname, postal address and the

identity card number, if available, of the party against whom the

default order is being requested)

I confirm that the total amount still due to me is the following

€

Date

Signature of Applicant

FOR OFFICE USE ONLY

AMOUNT CLAIMED

€

Expenses

€

Interest

€

DECREE BY ARBITER

Signature of Arbiter

Date

REGISTRY FILE NO.

LOCATION

NOTICE OF HEARING

IN THE CONSUMER CLAIMS TRIBUNAL

CLAIMANT

(who is making the claim)

AND

DEFENDANT

(who is receiving the claim)

Please be informed that the hearing of your dispute shall take place before an

Arbiter of the Consumer Claims Tribunal

Date

Time

(Address where the hearing shall be held or virtual link (if applicable))

(Name of Arbiter)

Signature of Secretary to the Tribunal

Date

WARNING TO PARTIES

Please be advised that if you fail to attend for the hearing without giving a valid reason, the

Arbiter may proceed to decide the dispute in your absence and he may decide to award the

expenses against you. If you cannot attend for the hearing you must immediately inform the

Tribunal in writing requesting a postponement, explaining why you cannot attend. In any

case, it is at the discretion of the Tribunal to decide whether your request is justified or

otherwise.

NOTICE OF HEARING

1. You must ensure that you attend for the hearing at least ten (10) minutes before the

appointed time.

2. You must ensure that you are fully prepared, since this will be your only opportunity to

state your case and submit your evidence to the Tribunal.

3. You must follow the following important points

- You must ensure that you bring all the documents that are relevant to the case

such as receipts, correspondence or agreements.

- You must ensure 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 of Witness (Form 5). The summons is an order of the Tribunal

informing the witness to attend for the hearing.

- You must prepare what you intend to state beforehand.

- You must ensure that all the facts are in chronological order. During the hearing

you may refer to any notes you may have prepared beforehand.

- When appearing before the Tribunal, it is essential that you dress appropriately.

Men are required to wear a jacket and a tie.

REGISTRY FILE NO.

LOCATION

FORM 5

SUMMONS TO WITNESS

IN THE CONSUMER CLAIMS TRIBUNAL

Indicate the names

CLAIMANT

of the parties to the

(who is making the claim)

claim by copying

the details from the

Notice of Claim

AND

DEFENDANT

(who is receiving the claim)

TO

WITNESS

Indicate the name

and address of the

person you require

to attend the

Tribunal hearing

Indicate the name of

the party who

APPLICANT

requires witness

(who is making this application)

DATE AND

ADDRESS

The witness is required to attend before the Consumer Claims

Tribunal

Indicate the

place, date and

time of the

on

hearing

Date

Time

at

at

(Official address of the Tribunal where the witness must attend or

the virtual link (if applicable))

THE REASON FOR WHICH THE WITNESS IS BEING SUMMONED

Indicate briefly

to your witness

why you

require his/her

evidence

Witness is required to bring these documents and/or other

things

If you require

the witness to

bring to the

sitting any

documents or

other things,

you must list

them here

Sign and

indicate the

date of your

Signature of party applying for summons

Date

summons

FOR OFFICE USE ONLY

DECREE BY ARBITER

After having considered this application for a summons to witness, I hereby authorise the

issue of this summons and order witness to appear at the place, time and date as aforesaid and

to bring all of the documents and, or things as required in this summons.

Signature of Arbiter

Date

NOTICE TO THE WITNESS

Once you have received a Notice of Summons duly authorised by the Tribunal, you must thus

attend for the Tribunal hearing on the date, and at the time and place indicated in this

summons and bring with you all documents or other things as indicated in the summons.

SUMMONS TO WITNESS

You do not need to request the Tribunal to issue a Summons to Witness if the witness is

prepared to attend voluntarily.

You must complete the Summons of Witness following the instructions on the form and by

writing clearly or typing in the information required.

The Summons to Witness must be filed in the Consumer Claims Tribunal Registry. If you

require the witness to bring any specific documents (example: invoices), you must list them in

your summons.

It is important to file the summons in good time before the date of the hearing when you

require the witness to attend. If a witness who is duly served with the summons fails to attend,

the Arbiter may issue an Order of Escort in his/her regard.

REGISTRY FILE NO.

LOCATION

FORM 6

ORDER OF ESCORT

IN THE CONSUMER CLAIMS TRIBUNAL

In the case between

CLAIMANT

(who is making the claim)

AND

DEFENDANT

(who is receiving the claim)

TO

(Officer executing order of escort)

Whereas the witness

(Full name and address of witness)

was served with a Summons of Witness at the hearing of this dispute and the said witness

failed to obey the summons, and I am satisfied that the evidence of the witness is material to

this dispute,

YOU ARE THEREFORE ORDERED TO ESCORT AND BRING THE WITNESS

BEFORE THIS TRIBUNAL

Date

on

at

Time

(Address where the hearing of the Tribunal is to be held)

at

Signature of Arbiter

Date

REGISTRY FILE NO.

LOCATION

FORM 7

BLANK APPLICATION

IN THE CONSUMER CLAIMS TRIBUNAL

Indicate the names

CLAIMANT

of the parties to the

(who is making the claim)

claim by copying

the details from the

Notice of Claim

AND

DEFENDANT

(who is receiving the claim)

Indicate the name of

the party making the

applicaiton

APPLICANT

(who is making this application)

Briefly indicate

what you are

claiming

………………

Signature of Applicant

………………

Date

1. A claimant when presenting a claim shall complete a

Notice of Claim (Form 1), following the instructions on the form

and filing it in the Registry of the competent Tribunal. The

claimant shall together with the Notice of Claim file a note by the

Director General or by a registered consumer association, as the

case may be, stating that the claim has been referred to the Director

General or t o the regist ered consumer asso ciation and that

subsequent to such reference no settlement was achieved on the

issues in dispute.

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

mail or electronically through the dedicated online portal

Provided that where a claim before the Tribunal is filed

electronically outside Registry opening hours, such claim shall be

deemed to have been filed on the first following day of the opening of

the said Registry

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

defendant, provided that the claim against each of the defendants is

related to or connected with the original subject matter of the

claim.

3.3. A claimant shall, in his Notice of Claim, list any witnesses

whom he intends to ask to give evidence during the proceedings. If

the claimant wants to ask a witness who has not been previously

listed, he shall then request the Arbiter, using a Blank Application

(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.

3.4. If the value of a claim is more than ten thousand euro

(€10,000), a claimant 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 ten thousand euro

(€10,000).

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

defendants named in the Notice of Claim with

3.5.1.

a copy of the Notice of Claim; and

3.5.2.

a Blank Reply to a Claim (Form 2).

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 counter-claim.

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).

Rule 4 - Replying to a Claim

1. A defendant shall reply to a claim within eighteen days

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

defendant fails to do so the claimant may, in accordance with rule

6, apply to the Tribunal for a default order against the defendant.

4.2. A defendant shall, when replying, complete a Reply to a

Claim (Form 2) following the instructions on the form. The Reply

to a Claim shall then be filed in the Registry of the Tribunal where

the Notice of Claim was originally filed.

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

of receipt’ mail or electronically through the dedicated online

portal

Provided that where a reply to a claim before the Tribunal is

filed electronically outside Registry opening hours, such reply shall be

deemed to have been filed on the first following day of the opening of

the said Registry.

4.3. A defendant shall, in his Reply to a Claim, list any

witnesses whom he intends to ask to give evidence during the

proceedings. If the defendant wants to ask a witness who has not

been previously listed, he shall then request the Arbiter, using a

Blank Application (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.

4.4. If a defendant, after being served with the Notice of Claim,

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

to the claimant any expenses the claimant incurred in bringing the

claim before the Tribunal.

4.5. A defendant shall through the Secretary serve the claimant

with

4.5.1.

a copy of his Reply to a Claim; and

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.

Rule 5 - Making a Counterclaim

1. A defendant may together with his Reply to a Claim also

make a counterclaim against the claimant by completing a Notice

of Counterclaim (Form 1A) following the instructions on that form.

The counterclaim shall be connected to or related with the claim

made against the defendant, and the value of the counterclaim shall

not exceed five thousand euro (€5,000).

5.2. A counterclaim is served on the claimant when a copy of

the Reply to a Claim together with the Notice of Counterclaim

made by the defendant is served on the claimant in accordance with

rule 4.5.

5.3. If the value of the counterclaim is more than ten thousand

euro (€10,000), the defendant may pursue the counterclaim before

the Tribunal if he declares in his Notice of Counterclaim that he is

abandoning the amount of the counterclaim which is in excess of

ten thousand euro (€10,000).

5.4. A claimant shall reply to a counterclaim by completing a

Reply to a Counterclaim (Form 2A) following the instructions on

the form and the rules for replying to a Notice of Claim shall

mutatis mutandis apply when a claimant replies to a counterclaim.

5.5. A defendant who begins an action against a claimant

before a court, which action is related to or connected with such

claim brought by the claimant against defendant before the

Tribunal, may apply in writing using a Blank Application (Form 7)

to the Tribunal for an order to postpone proceedings before the

Tribunal.

Rule 6 - Default Orders against a Defendant

1. If a defendant does not file a Reply to a Claim within the

time limit prescribed in rule 4.1, the claimant may ask the Tribunal

for a default order against the defendant.

6.2. To ask for a default order a claimant must

6.2.1.

complete an Application for a Default Order (Form

3) following the instructions on that form, and

filing it in the Registry of the Tribunal where the

Notice of Claim was filed; and

6.2.2.

confirm on oath before the Secretary that the claim

is still due.

6.3. 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, and the Arbiter shall then decide whether or not to grant

such a request.

6.4. The Arbiter may, 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 to reply

without holding a hearing; or

6.4.2.

direct that a hearing be held subject to any

measures that the Arbiter may consider appropriate

before proceeding to determine the Application for

a Default Order.

6.5. If the Arbiter orders that a hearing be held under this rule,

he shall direct the 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 Application for a Default Order has been made,

shall also be notified of any such hearing.

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.

Rule 7 - Default Orders against a Claimant

1. If a claimant does not file a Reply to a counterclaim made

against him in accordance with rule 5.4, the defendant making the

counterclaim may ask for a default order against that claimant.

7.2. A defendant may ask for a default order under this rule by

7.2.1.

completing an Application for a Default Order

(Form 3) following the instructions on that form

and filing it in the Registry where he originally

filed his counterclaim; or

7.2.2.

making a verbal request during the hearing

scheduled for the proceedings of the claim and

counterclaim.

7.3. The Secretary shall immediately refer a request for a

Default Order made under rule 7.2.1 to the Arbiter appointed to

hear and determine the 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 the same proceedings. In doing so the Arbiter may take such

measures as he may consider necessary to determine all the issues

before him.

7.5. In any case before an Arbiter determines an Application for

a Default Order made under this rule, the defendant making the

Application for a Default Order shall confirm on oath either before

the Arbiter or the Secretary that the counterclaim is still due.

Rule 8 - Amending or Withdrawing a Claim,

Reply or Counterclaim

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

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

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

a Counterclaim, or in any application or other document filed by

that same party.

8.2. In requesting the Tribunal to amend anything in accordance

with this rule, a party shall complete a Blank Application (Form 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 be

authorised.

8.3. The Secretary shall underline, initial and date any

amendments that an Arbiter may authorise to be effected.

8.4. 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 party shall, through the Secretary, notify the other

parties with the withdrawal. A withdrawal may also be done

verbally during the course of proceedings before the Arbiter,

provided all the parties have been served with a notice of the

hearing.

8.6. A party who withdraws a claim or counterclaim may not at

any time proceed with it or file another Notice of Claim or Notice

of Counterclaim with respect to that same claim or counterclaim

unless that party first applies in writing, using a Blank Application

(Form 7), to the Tribunal for permi ssion to do so . S uch an

application shall be determined by an Arbiter.

Rule 9 - Preliminary Proceedings

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.

9.2. If a party has not been served with the Notice of Hearing, a

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

Reply to a Counterclaim, if any, the Secretary shall inform the

A rbi ter wh o m ay t ake su ch m easures as he co nsiders to be

appropriate in accordance with these rules to ensure that all parties

are duly served.

Rule 10 - Preparing for the Hearing

1. Each party shall, on being served with a Notice of

Hearing -

10.1.1. bring with him to the hearing all the documents,

reports and any other 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, date and place.

10.2. If the Arbiter considers that a party has attended for a

hearing unprepared, the Arbiter shall order that party to pay any

reasonable expenses any of the other parties may have incurred as a

result.

10.3. If a witness is not prepared to attend for a hearing

voluntarily, a party may apply to the Tribunal for an order to

summon a witness by completing a Summons to Witness (Form 5)

following the instructions on that form.

10.4. A Summons to Witness shall be filed in the Registry of the

Tribunal where the Notice of Claim was filed, at least seven days

before the date of the hearing when the person to be summoned as a

witness is required to give his evidence.

10.5. A person who is served with a Summons to Witness shall

10.5.1. attend for the hearing at the time, date and place

stated in the summons, and

10.5.2. bring with him any document and any other things

that may be required by the summons.

10.6. The Arbiter appointed to hear the case may issue an Order

of Escort (Form 6) for a witness who does not attend for the hearing

as required in a Summons to Witness, if the Arbiter is satisfied that

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

10.6.2. the evidence of the witness is necessary.

10.7. The Secretary shall, acting on the direction of the Arbiter,

refer an Order of Escort issued under this rule, to the Registrar of

the Courts for execution by an executive officer of the Courts.

10.8. An Arbiter shall, when issuing an Order of Escort, have

the same power as a Magistrate when issuing a warrant of escort.

Rule 11 - The Conduct of the Hearing

1. The Tribunal shall, in the course of the hearing of a claim

and counterclaim, if any, be constituted by the same arbiter and

each claim together with any counterclaim, if any, shall be tried

separately.

11.2. If a hearing is interrupted before a final conclusion is

reached as a result of the death, incapacity or removal of the

Arbiter who constitutes the Tribunal in the hearing, the claim and

counterclaim, if any, shall be recommenced before a Tribunal

constituted by another Arbiter.

11.3. The Arbiter may adjourn or postpone a hearing only if he

considers that there are valid reasons therefore. In doing so the

Arbiter may order such measures as he considers to be necessary to

ensure a swift conclusion of the hearing. Except where otherwise

provided in these rules, a hearing may not be adjourned or

postponed for a period of more than twenty days.

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

however, after having considered the circumstances of the dispute

or at the request of a party, 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. During the hearing, the Arbiter may at his discretion and

after considering the issues in dispute, assist the parties to arrive at

a settlement.

11.6. If the parties arrive at a settlement and the Arbiter

approves of the settlement agreed to, the settlement shall then take

effect as if it were a decision of the Arbiter given in accordance

with article 25 of the Act.

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

course of a hearing adopt any method of procedure which he

considers to be fair and which gives to each party an equal

opportunity to submit his case.

11.7.A. (1) In any claim, the Tribunal may on application of one

of the parties or ex officio, declare that any party or witness in a remote

location shall be treated as being present in the Tribunal for any part of

the proceedings, or for the entirety of the proceedings.

(2)

The Tribunal shall not give an order under sub-rule (1)

unless

(a)

it is satisfied that facilities are available which

enable persons in the remote location to participate in an active

manner in the sitting presided by the Tribunal;

(b)

if it is unfair to any of the parties to hold sittings

by live video conferencing links; or

(c)

if it is contrary to the interests of justice to do so.

(3) If the Tribunal decides not to give an order under sub-rule (1)

to hold sittings by video conference links, it shall give its reasons for

the refusal.

(4) Without prejudice to the provisions of the Act and to any

regulations and rules made thereunder, the Tribunal shall regulate its

own procedure for the administration of live video conferencing

procedures.

11.8. Without prejudice to rule 11.7. or to the provisions of the

Act, the Arbiter may, after having considered the circumstances of

the parties and whether they are represented or not

11.8.1. put questions to any of the parties or the witnesses;

and

11.8.2. explain any legal terms or expressions which are

used.

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.

11.10. When appointing a technical referee the Arbiter shall

determine the fees each of the parties shall initially pay to the

referee. The fees due to a referee shall be calculated in the same

manner as if the referee was giving expert evidence before the

Court of Magistrates (Malta) in its civil jurisdiction or the Court of

Magistrates (Gozo) in its inferior civil jurisdiction.

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

apply unless in conflict with these rules.

Rule 12 - Failure of a Party to Attend for the Hearing,

1. If a defendant does not attend for the hearing, the Arbiter

may allow the claim against that defendant.

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

may

12.2.1. dismiss the claim, and

12.2.2. if the defendant has made a counterclaim and the

defendant is present, allow the counterclaim.

12.3. If the Arbiter awards or dismisses a claim or counterclaim,

if any, under this rule, he shall order that the costs be borne by the

party that failed to appear for the hearing.

Rule 13 - Representation

1. A party may conduct his own case during a hearing. He

may 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.

13.3. If a party is a body having a distinct legal personality, such

a body shall be represented by a person who is duly authorised to

act on its behalf. In any claim or reply filed by or against such a

body it shall be sufficient to state the name of the said body.

13.4. An Arbiter may at his discretion relieve any party from the

consequences of the failure to comply with the Act or these rules, if

the Arbiter considers that this was due to error, oversight or any

other reason which the Arbiter considers to be valid. The Arbiter

may, in such a case, make any order which he considers to be just.

Rule 14 - Decision of Arbiter after the Hearing

1. The Arbiter shall give a decision about the claim and

counterclaim, if any, either at the end of the hearing or at a later

date.

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

the Arbiter shall either orally at the end of the hearing or in writing

through the Secretary, inform the parties of the date when the

decision shall be given.

14.3. If the decision of the Arbiter is not given at the end of the

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

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

decision. In no case shall a decision be given any later than forty

days from the date of the end of the hearing.

Rule 15 - Appeal

1. An appeal or a reply thereto shall be filed in the Registry

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

the Act.

15.2. In making an appeal or replying to an appeal from a

decision 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) sitting

in its civil jurisdiction, to the extent that such procedure is not in

conflict with the Act or with these rules.

15.3. In making an appeal or replying to an appeal from a

decision of the Consumer Claims Tribunal (Gozo) a party shall

follow the procedure applicable when an appeal or reply thereto is

made from a judgement of the Court of Magistrates (Gozo) sitting

in its inferior civil Jurisdiction to the extent that such procedure is

not in conflict with the Act or with these rules.

15.4. The Registrar of Courts shall within four days from when

an appeal is entered in the Registry of the competent Court 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 not be divided into two or

more 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.

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.

16.4. An Arbiter may correct an accidental error or omission in

a decision, and may furthermore add provisions on expenses,

interests or anything else that was not, but should have been

adjudicated on.

16.5. The Secretary shall assist any person who seeks assistance

in completing any forms under these rules or in making any

application to the Tribunal in accordance with these rules.

16.6. The provisions of the Code of Organization and Civil

Procedure shall apply only to the extent that they are not

inconsistent with the provisions of the Act or these rules.

16.7. If a case before a court is transferred to a Tribunal

following a request by the parties made in accordance with the Act,

in such an instance that case shall not be referred to the Director

General or to the registered consumer association, as the case may

be, in accordance with the provisions of article 23(4), and the

Secretary shall proceed to schedule the case for a hearing on a date

not being later than three weeks from when the case was transferred

to the Tribunal. This rule shall also apply to any counterclaims

made before a Tribunal.

Rule 17 - Other Rules about Service

1. Where any notice or any other document is required to be

served under the Act or these rules, it shall in the first instance be

served through the Secretary in any of the following manners

17.1.1. in the case of a physical person, by delivering it, or

by sending it in a registered letter addressed to

him, at his usual or last known place of residence;

and

17.1.2. in case of a body having a distinct legal

personality, by delivering it to an officer or servant

thereof at the registered of office or any other place

of business, or by sending it in a 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 of the foregoing

manners stated in this rule, the Arbiter shall then order that service

be made by directing that a summary of such notice or document be

published in the Gazette and at least one daily newspaper and by

any other means which he may consider suitable.

17.3. Service may be effected by Tribunal officers, officers of

the Post Office in conformity with postal regulations or by

executive officers acting under the direction of the Registrar of

Courts at the request of an Arbiter or the Secretary.

Rule 18 - Fees and Expenses

1. Any party who files any act or document in the registry of

a Tribunal shall pay such fees as are prescribed m the First

Schedule.

18.2. The Tribunal shall in its award tax -

18.2.1 any fees that may be due to advocates, legal

procurators or any other person assisting a party

before the Tribunal, 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 of fees due respectively to advocates,

legal procurators or any other person assisting a party before a

court and to technical experts, to the extent 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 Registry 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 - Use of Forms

1. The forms in the Second Schedule shall be used in

accordance with these rules and the instructions on the respective

forms.

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

unless it is

19.2.1. in the form required by these rules, or

19.2.2. completed according to the instructions on that

form.