L.S. 378.01 Regoli dwar it-Tribunal għal Talbiet tal-Konsumaturi

[ S.L.378.01 CONSUMER CLAIMS TRIBUNAL 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

1. Rule 1 - Citation
2. The title of these rules is the Consumer Claims Tribunal Rules. Citation. Rule 2 - Definitions
3. In these rules unless the context otherwise requires - "Act" means the Consumer Affairs Act; Definitions. Amended by: XVI.2019.72; XXIV.2023.
4. Cap.
5. "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. Cap.
6. 1 2 [ S.L.378.01 CONSUMER CLAIMS TRIBUNAL Rule 3 - Making a Claim Completing a notice of claim. Amended by: L.N. 284 of 2000 3.
7. 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. Added by: L.N. 59 of
8. Substituted by: XXIV.2023.
9. 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 Claimant may name more than one defendant. 3.
10. 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. Claimant to list his witnesses. 3.
11. 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. Effect if part of claim is abandoned. Amended by: L.N. 284 of 2000; L.N. 425 of 2007; XXIV.2023.
12. 3.
13. 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). Documents to be served when making a claim. Amended by: L.N. 59 of
14. 3.
15. A claimant shall serve through the Secretary each of the defendants named in the Notice of Claim with: Added by: L.N. 59 of
16. 3.
17. Upon receipt of a claim the Secretary shall immediately: 3.5.
18. a copy of the Notice of Claim; and 3.5.
19. a Blank Reply to a Claim (Form 2). 3.6.
20. register the claim, assign it before an Arbiter and schedule a date for the hearing; and 3.6.
21. serve both parties with a Notice of Hearing (Form 4 in the Second Schedule). Added by: L.N. 59 of
22. 3.
23. 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. Added by: L.N. 59 of
24. 3.
25. 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 CONSUMER CLAIMS TRIBUNAL [ S.L.378.01 3 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 4.
26. 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. Time-limit in which defendant may reply. 4.
27. 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. What a defendant must do when replying. Amended by: L.N. 59 of
28. 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: Added by: L.N. 59 of
29. Substituted by: XXIV.2023.
30. 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.
31. 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. Defendant to list his witnesses. Amended by: L.N. 59 of
32. 4.
33. 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. If a defendant admits liability or pays. 4.
34. A defendant shall through the Secretary serve the claimant with: Service of a reply and a counterclaim if any. Amended by: L.N. 59 of
35. 4.5.
36. a copy of his Reply to a Claim; and 4.5.
37. 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
38. Rule 5 - Making a Counterclaim 5.
39. 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). How to make a counterclaim. Amended by: L.N. 284 of 2000; L.N. 425 of 2007; L.N. 59 of
40. 5.
41. 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 Serving a counterclaim. Amended by: L.N. 59 of
42. 4 [ S.L.378.01 CONSUMER CLAIMS TRIBUNAL rule 4.
43. Effect when abandoning part of part of a counterclaim. Amended by: L.N. 284 of 2000; L.N. 425 of 2007; L.N. 59 of 2011; XXIV.2023.
44. 5.
45. 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). Reply to a counterclaim. Amended by: L.N. 59 of
46. 5.
47. 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. Tribunal may postpone proceedings. 5.
48. 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 When a claimant can ask for a default order. Amended by: L.N. 59 of
49. How to ask for a default order. 6.
50. 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.
51. To ask for a default order a claimant must: 6.2.
52. 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.
53. confirm on oath before the Secretary that the claim is still due. Secretary to refer default order to Arbiter. Amended by: L.N. 59 of
54. 6.
55. 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. Arbiter may hold hearing. 6.
56. The Arbiter may, in determining an Application for a Default Order: Secretary to notify of hearing. 6.4.
57. if such defendant failed to reply, give a default order against the defendant who failed to reply without holding a hearing; or 6.4.
58. 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.
59. 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. CONSUMER CLAIMS TRIBUNAL [ S.L.378.01 6.
60. 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.
61. 5 Added by: L.N. 59 of
62. Rule 7 - Default Orders against a Claimant 7.
63. 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. Defendant may ask for a default order if a claimant does not reply to a counterclaim. 7.
64. A defendant may ask for a default order under this rule by: How a defendant may ask for a default order. 7.2.
65. 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.
66. making a verbal request during the hearing scheduled for the proceedings of the claim and counterclaim. 7.
67. 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. Secretary to refer request for default order. Amended by: L.N. 59 of
68. 7.
69. 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. Determination of default order. 7.
70. 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. Defendant to take oath. Rule 8 - Amending or Withdrawing a Claim, Reply or Counterclaim 8.
71. 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. Any document filed may be amended. Amended by: L.N. 59 of
72. 8.
73. 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. Arbiter to decide. 8.
74. The Secretary shall underline, initial and date any amendments that an Arbiter may authorise to be effected. Duties of Secretary relating to amendments. 8.
75. 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. Service of a revised document. 6 [ S.L.378.01 CONSUMER CLAIMS TRIBUNAL Claim or counterclaim may be withdrawn. 8.
76. 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. The effect of withdrawing. Amended by: L.N. 59 of
77. 8.
78. 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 Secretary to verify that parties are served. Substituted by: L.N. 59 of
79. 9.
80. 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. Secretary to take necessary measures. 9.
81. 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 What a party shall do before a hearing. 10.
82. Each party shall, on being served with a Notice of Hearing 10.1.
83. 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.
84. ensure that any witness he needs, attends for the hearing at the appointed time, date and place. Award of expenses against a party who attends unprepared. 10.
85. 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. If a witness is not prepared to attend voluntarily. 10.
86. 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. Time-limit when application must be presented. Amended by: L.N. 59 of
87. 10.
88. 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. CONSUMER CLAIMS TRIBUNAL [ S.L.378.01 10.
89. A person who is served with a Summons to Witness shall: 10.5.
90. attend for the hearing at the time, date and place stated in the summons, and 10.5.
91. bring with him any document and any other things that may be required by the summons. 10.
92. 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: 7 Duties of a person served with a Summons to Witness. Amended by: L.N. 59 of
93. Arbiter may issue an Order of Escort. 10.6.
94. the summons was duly served on the witness; and 10.6.
95. the evidence of the witness is necessary. 10.
96. 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. Secretary to refer Order of Escort to the Registrar of the Courts. 10.
97. An Arbiter shall, when issuing an Order of Escort, have the same power as a Magistrate when issuing a warrant of escort. Exercise of Order of Escort. Rule 11 - The Conduct of the Hearing 11.
98. 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. Continuity of Tribunal. 11.
99. 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. When a new arbiter shall conduct the hearing. 11.
100. 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. Adjournment of a hearing. Amended by: L.N. 59 of
101. 11.
102. 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. Hearing to be held in public. 11.
103. During the hearing, the Arbiter may at his discretion and after considering the issues in dispute, assist the parties to arrive at a settlement. Arbiter may try to settle amicably. 11.
104. 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. Enforcement of a settlement. 11.
105. 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. Conduct of a hearing by Arbiter. 8 [ S.L.378.01 Presence through live video conferencing link. Added by: XXIV.2023.
106. CONSUMER CLAIMS TRIBUNAL 11.7.A.