[ S.L.380.01 SMALL CLAIMS TRIBUNAL SUBSIDIARY LEGISLATION 380.01 SMALL CLAIMS TRIBUNAL RULES 13th October, 1995 LEGAL NOTICE 145 of 1995, as amended by Legal Notices 168 of 1995, 3 of 1996, 138 and 201 of 2000, 159 of 2001, 193 of 2002, 425 of 2007, 174 of 2011 and 59 of
- The title of these rules is the Small Claims Tribunal Rules. Citation.
- In these rules, unless the context otherwise requires - Definitions. "Act" means the Small Claims Tribunal Act; Cap.
- "Code" means the Code of Organization and Civil Procedure. Cap.
- Making a claim.
(1)To make a claim, a claimant shall: (
- a)fill in the claim form contained in the First Schedule; (
- b)file the claim in the Registry of the Tribunal; (
- c)pay the fee prescribed in Tariff A of the Second Schedule; (
- d)request the Tribunal to serve the claim on the defendant.
(2)Where a claim is made against more than one defendant, a claimant shall name each such defendant; provided that the claim may not be made against more than one defendant unless the cause for the claim against each defendant is connected. Such claim shall be served on all the defendants mentioned in the claim. 4.
(1)On receiving the claim, the defendant may: (
- a)pay the amount claimed directly to the claimant; or Replying to a claim. (
- b)file a reply wherein he (
- i)admits all or part of the claim; (
- ii)opposes all or part of the claim; (iii) makes a counter-claim against the claimant.
(2)The defendant shall file his reply to the claim within eighteen days from the date when he was served with the notice of claim.
(3)In replying to the claim, the defendant shall: (
- a)complete the reply form contained in the First Schedule; (
- b)file the reply in the Registry of the Tribunal; (
- c)pay the fee prescribed in Tariff A of the Second Schedule; (
- d)request the Tribunal to serve the reply on the claimant and on any other defendant, if any. 5.
(1)A defendant may make a counter-claim against the Counter-claim. 1 2 [ S.L.380.01 SMALL CLAIMS TRIBUNAL claimant in his reply.
(2)A claimant may reply to a counter-claim by filing a counter-claim reply. Third parties. 6.
(1)If a defendant thinks that someone else should pay the claim, he shall, in his reply, indicate that such other person should pay all or part of the claim.
(2)The defendant shall serve the third party through the Tribunal with: (
- a)a copy of the claim; and (
- b)a copy of his reply; and (
- c)a notice to a third-party; and (
- d)a blank reply form.
(3)In replying, a third party shall follow the procedure for replying to a claim mentioned in rules 4 and 5. Changing or withdrawing a claim, counterclaim, reply or counter-claim reply. 7.
(1)A party may during the first sitting request the Adjudicator to authorise any change in anything contained in the claim, counter-claim, reply, counter-claim reply or other act filed by such party.
(2)If the Adjudicator considers such request to be justified and reasonable, he shall during the same hearing order the Registrar to make the necessary change. No further changes shall be permitted.
(3)If the Adjudicator accedes to a party’s request to change anything in a claim, counter-claim, reply or other act, he shall during the same hearing ascertain himself that the other parties are given the opportunity to request any changes to their claim, counter-claim, reply or counter-claim reply in view of the changes accepted by the Adjudicator in terms of sub-rule
(2). Withdrawal of a claim or counterclaim. 8.
(1)A party may withdraw a claim or a counter-claim during any hearing or by means of a note filed in the Registry.
(2)A party who withdraws a claim or a counter-claim may not later proceed with it or file another claim with respect to the same claim or counter-claim. Witnesses. 9.
(1)A witness may be summoned to give evidence or produce any document before the Tribunal by being served, through the Tribunal, with a summons to attend at the date and time indicated therein, at least three days before the date when the witness is required to give evidence.
(2)If a witness duly summoned fails to attend the hearing, the Tribunal may order that the witness be brought under arrest for a later hearing. Procedure for the trial of a claim. Amended by: L.N. 3 of 1996. 10.
(1)The Registrar shall notify each of the parties of the date and time of the trial.
(2)Each claim shall be tried separately.
(3)The Tribunal shall not adjourn the trial unless it considers that there are valid reasons for doing so. The Adjudicator shall SMALL CLAIMS TRIBUNAL [ S.L.380.01 3 ensure that the reasons for adjournment are stated in the order for adjournment.
(4)The Tribunal shall hold the trial in public unless all the parties thereto otherwise agree.
- A party may present either oral or documentary evidence or both such types of evidence in support of his case. Production of evidence.
- The Adjudicator may relieve any party who is not represented by an advocate or legal procurator or any other professional representative, from the consequences of the failure to comply with any of these rules, if it is shown that this was due to mistake, oversight or any other reason which the Adjudicator considers to be valid. In such cases the Adjudicator may make any order which he considers to be just. Relief from observance of the rules.
- The provisions of Title IX of Book First and of Title XI of Book Third of the Code and any other provisions of the said Code relating to curators shall mutatis mutandis apply to parties to proceedings before the Tribunal. Curators. 14.
(1)An appeal from a decision of the Tribunal shall be filed in the Registry of Courts by an application made to the Court of Appeal within eighteen days from the date on which the Adjudicator delivered his decision. Appeals before the Court of Appeal.
(2)The appellant shall through the Registrar notify the other party or parties of the application of appeal.
(3)The defendant shall answer the application of appeal within eighteen days from the date on which the application of appeal is served on him.
(4)The Court of Appeal shall, in hearing the appeal, apply the provisions set out in the Act.
(5)The Registrar shall tax the costs of the appeal proceedings in terms of the tariffs set out in the Second Schedule and in terms of the tariffs set out in the Code in so far as such tariffs are not repugnant to the provisions of the Act and of these rules. 15. The claim, the counter-claim, the reply, the counter-claim reply, the notice to third parties and all other acts requiring to be served on any party shall be notified in terms of section 187 of the Code. Service. 16.
(1)Fees payable to advocates and legal procurators assisting the parties to the dispute shall be taxed by the Registrar in terms of Tariff B of the Second Schedule. Taxation of fees for professional service.
(2)The Registrar shall tax such fees arbitrio bond viri.
(3)Costs shall be taxed and assessed by the Registrar, and the assessment made by him may not be impugned after the expiration of one month. Such period, in regard to the person applying for the taxed bill of costs, shall commence to run from the day on which the taxed bill was issued and, in regard to any other person duly served with such taxed bill by means of a judicial act, from the date of such service. 4 [ S.L.380.01 SMALL CLAIMS TRIBUNAL
(4)The taxation of costs and fees drawn up by the Registrar may be impugned by means of an application addressed to the Adjudicator praying him to amend that taxation. Vacations in the Tribunal. Added by: L.N. 193 of
- There shall be vacations in the Small Claims Tribunal between the 15th July and the 15th September of each year. SMALL CLAIMS TRIBUNAL FIRST SCHEDULE Forms FORM 1: Notice of Claim. FORM 2: Reply. FORM 3: Counter-claim Reply. FORM 4: Notice of Hearing. FORM 5: Notice of a Claim Set Down Again for Hearing. FORM 6: Notice to a Third Party. FORM 7: Summons to Witness. FORM 8: Order of Escort. FORM 9: Blank Application. FORM 10: Application of Appeal. FORM 11: Answer to the Application of Appeal. FORM 12: Taxation of Costs for Professional Services. [ S.L.380.01 5 Amended by: L.N. 168 of 1995; L.N. 425 of 2007; L.N. 174 of
- [ S.L.380.01 6 SMALL CLAIMS TRIBUNAL REGISTRY FILE NUMBER Form 1 LOCATION NOTICE OF CLAIM IN THE SMALL CLAIMS TRIBUNAL FROM CLAIMANT Fill in the name, address and telephone of the person(s) making the claim TO DEFENDANT Fill in the name, address and telephone number of the persons 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 FOR OFFICE USE ONLY Tribunal staff will fill in this part AMOUNT CLAIMED € FILING FEES € SERVICE FEES € TOTAL € PARTICULARS OF THE CLAIM WHERE? Te l l w h e r e happened WHEN? this Te l l w h e n t h i s happened HOW MUCH? State how much is b ei n g c l a im e d f r o m the defendant € SMALL CLAIMS TRIBUNAL STEP 1 COMPLETE the NOTICE OF CLAIM using a typewriter or writing clearly. Make sure that all the copies are legible. STEP 2 FILE the NOTICE OF CLAIM by taking it to the Small Claims Tribunal Registry. You must pay a filing fee, which depends on the amount you are claiming and a service fee. The staff will check the form and when it is accepted for filing, apply the registry stamp, add on filing and service fees a n d a s s i g n a f i l e n u m b e r. T h e Registrar will then proceed to serve on your behalf the defendant with a copy of the Notice of Claim. STEP 3 WHAT HAPPENS AFTER If the defendant files a reply, you will be served with a copy of the reply. [ S.L.380.01 7 FROM You must be sure that the address that you give is correct because this is where the Registry will send you any further notices or information. If your address changes at any time please notify the Registry immediately. TO Be sure that you have the correct address of defendant. If there is more than one defendant put the name of each defendant (side by side) in the space provided. In such a case however make sure that the claim is a result of the same transaction. WHAT HAPPENED? You do not need to tell everything about your c as e h er e . Yo u m us t t e l l j u s t e n o ug h t o l e t defendant know what the case is all about. Keep your description brief. You will have a full opportunity to present all the facts during the trial. WHERE? A Notice of Claim must be filed in the Registry of the Tribunal where the transaction, to which the claim refers, took place. HOW MUCH? You must here state the amount of your money claim. The said amount cannot exceed f ive thousand euro (€5,000). 8 [ S.L.380.01 SMALL CLAIMS TRIBUNAL PARTICULARS OF THE CLAIM - continued LIST YOUR WITNESSES IN THIS PART Name and address of persons you intend to call as witness 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 [ S.L.380.01 SMALL CLAIMS TRIBUNAL 9 REGISTRY FILE NUMBER Form 2 LOCATION REPLY IN THE SMALL 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 you want to make a counter-claim then you should complete the part of this form entitled "Reply with Counter-claim". WHERE DEFENDANT THINKS SOMEONE ELSE SHOULD PAY THE CLAIM If you think that someone else should pay the claim, whether in full or in part, you should indicate such other party and serve him with a copy of the claim made against you, your reply, a notice to a third party form and a blank reply form. Tribunal staff will fill in this part *Amount claimed is only applicable if you as a defendant are also making a countercl ai m toge ther w it h this reply FOR OFFICE USE ONLY AMOUNT CLAIMED* € FILING FEES € SERVICE FEES € TOTAL € 10 [ S.L.380.01 STEP 1 C O M P L E T E t h e R E P LY u s i n g a typewriter or writing clearly. Make sure that all the copies are legible. STEP 2 FILE the REPLY by taking it to the S m a l l C l a i m s Tr i b u n a l R e g i s t r y where the NOTICE OF CLAIM against you was filed. The staff will check your form and if it is in order, accept it for filing. The REPLY must be filed within the 18 days from when you are served with the NOTICE OF CLAIM. STEP 3 Where defendant thinks that someone else should pay the claim, he should fill that part of the form which concerns a third party. STEP 4 WHAT HAPPENS AFTER THEN the Tribunal will send a copy of your Reply to the claimant and set a date for trial. You will receive a notice informing you of the date and place when the dispute will be heard. SMALL CLAIMS TRIBUNAL FROM This is where you identify the party who is filing this Reply. Give an address where notices and other information about the dispute can be sent to you. If this address changes at any time be sure to inform the Tribunal Registrar. DISPUTE You do not need to tell everything about your case here. You must tell just enough to indicate to the claimant and to the Tribunal what parts of the claim you dispute and why. If there is anything in the Notice of Claim with which you agree, be sure to include that in your reply. COUNTERCLAIM If you want to make a counter-claim that is a claim against the claimant, then together with your reply you must also complete that part of the form entitled "Reply with Counter-claim" following the instructions on this form. To make a counter-claim your own claim must be connected to or related to the claim that the claimant has made against you. THIRD PARTY A third party is a person who is neither the claimant nor the defendant but someone else whom the defendant thinks is responsible to pay the amount of money claimed by the claimant. To fill this part of the form follow the instructions on the form itself. [ S.L.380.01 SMALL CLAIMS TRIBUNAL 11 PARTICULARS OF YOUR REPLY LIST YOUR WITNESSES IN THIS PART DISPUTE Name and address of whom you intend to call as witness ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH State if you are disputing the claim being made. If you are then explain with what you disagree and why Defendant’s signature date [ S.L.380.01 12 SMALL CLAIMS TRIBUNAL REPLY WITH COUNTERCLAIM If defendant wishes to make a counter-claim, the following part should also be filled. WHERE? Te l l w h e r e happened WHEN? this Te l l w h e n t h i s happened HOW MUCH? State how much is b ei n g c l a im e d f r o m the defendant € PARTICULARS OF THE COUNTERCLAIM LIST YOUR WITNESSES IN THIS PART WHAT HAPPENED? Name and address of person you intend to call as witnesses 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 [ S.L.380.01 SMALL CLAIMS TRIBUNAL 13 REGISTRY FILE NUMBER Form 3 LOCATION COUNTERCLAIM REPLY IN THE SMALL CLAIMS TRIBUNAL TO DEFENDANT Fill in the name, address and telephone number of the person making the claim against you FROM CLAIMANT Fill in the name, address and telephone number of the defendant filing this reply My reply to your counter-claim is that State reasons Tribunal staff will fill in this part *Amount claimed is only applicable if you as a defendant are also making a countercl ai m toge ther w it h this reply FOR OFFICE USE ONLY AMOUNT CLAIMED* € FILING FEES € SERVICE FEES € TOTAL € 14 [ S.L.380.01 STEP 1 COMPLETE the COUNERCLAIM REPLY using a typewriter or writing clearly. Make sure that all the copies are legible. STEP 2 FILE the COUNERCLAIM REPLY by taking it to the Small Claims Tribunal Registry where you filed the NOTICE OF CLAIM. The staff will check your form and if it is in order, accept it for filing. The COUNERCLAIM REPLY must be filed within the 18 days from when you are served with the coun terclaim. STEP 3 WHAT HAPPENS AFTER THEN the Tribunal will send a copy of your Counter-claim Reply to the claimant and set a date for trial. You will receive a notice informing you of the date and place when the dispute will be heard. SMALL CLAIMS TRIBUNAL FROM This is where you identify the party who is filing this Reply. Give an address where notices and other information about the dispute can be sent to you. If this address changes at any time be sure to inform the Tribunal Registrar. DISPUTE You do not need to tell everything about your case here. [ S.L.380.01 SMALL CLAIMS TRIBUNAL 15 PARTICULARS OF YOUR COUNTERCLAIM REPLY LIST YOUR WITNESSES IN THIS PART DISPUTE Name and address of whom you intend to call as witness ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH State if you are disputing the claim being made. If you are then explain with what you disagree and why Defendant’s signature date [ S.L.380.01 16 SMALL CLAIMS TRIBUNAL REGISTRY FILE NUMBER Form 4 LOCATION NOTICE OF HEARING IN THE SMALL CLAIMS TRIBUNAL TO CLAIMANT AND DEFENDANT You are informed that the hearing of your claim will take place before an Adjudicator of the Small Claims Tribunal: on date time at address where the hearing will be held signature of Tribunal Registrar date 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 7). 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. SMALL CLAIMS TRIBUNAL [ S.L.380.01 17 REGISTRY FILE NUMBER Form 5 LOCATION NOTICE OF A CLAIM SET DOWN AGAIN FOR HEARING IN THE SMALL CLAIMS TRIBUNAL TO CLAIMANT AND DEFENDANT You are informed that the hearing of your claim will take place before an Adjudicator of the Small Claims Tribunal: on date time at address where the hearing will be held signature of Tribunal Registrar date 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 7). 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. [ S.L.380.01 18 SMALL CLAIMS TRIBUNAL REGISTRY FILE NUMBER Form 6 LOCATION NOTICE TO A THIRD PARTY IN THE SMALL CLAIMS TRIBUNAL Notice to a third party given by the defendant You should indicate the registry file number of the claim made against you FROM DEFENDANT Fill in the name, address and telephone of the defendant TO THIRD PARTY Fill in the name, address and telephone n u m b e r of th e th i r d party NOTICE TO THE THIRD PARTY Whoever is served with this notice 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 FOR OFFICE USE ONLY AMOUNT CLAIMED € FILING FEES € SERVICE FEES € TOTAL € PARTICULARS OF THE CLAIM WHERE? WHEN? Tell where this happened Tell when this happened HOW MUCH? State how much is b ei n g c l a im e d f r o m the defendant € SMALL CLAIMS TRIBUNAL STEP 1 COMPLETE the NOTICE TO A THIRD PARTY using a typewriter or writing clearly. Make sure that all the copies are legible. STEP 2 F I L E t h e N O T I CE TO A T H I R D PARTY together with your reply to the claim and counter-claim, if any. You must pay a filing fee for all these documents. The staff will check the form and when they are accepted for filing, apply the registry stamp, add on filing and service fees and assign a file number. The Registrar will then proceed to serve on your behalf the third party with one copy of the claim, the reply, the counter-claim (if any), a third party reply form and a blank reply form so that the third part y wi ll have all the necessary documents to reply. STEP 3 WHAT HAPPENS AFTER If the third party files a reply, you will be served with a copy of the r e p l y. I f n o r e p l y i s f i l e d , t h e Adjudicator may decide the claim in the third party’s absence. [ S.L.380.01 19 FROM You must be sure that the address that you give is correct because this is where the Registry will send you any further notices or information. If your address changes at any time please notify the Registry immediately. TO Be sure that you have the correct address of the third party. If there is more than one third party put the name of each party (side by side) in the space provided. In such a case however make sure that the claim is a result of the same transaction. WHAT HAPPENED? You do not need to tell everything about your case here. You must tell just enough to let the third party know what the case is all about. Keep your description brief. You will have a full opportunity to present all the facts during the trial. WHERE? A Notice to a Third Party must be filed in the Registry of the Tribunal where the transaction to which the claim refers took place together with the documents mentioned in the opposite column. 20 [ S.L.380.01 SMALL CLAIMS TRIBUNAL REGISTRY FILE NUMBER Form 7 LOCATION SUMMONS TO WITNESS IN THE SMALL CLAIMS TRIBUNAL In the case between: Fill in the names of the parties to the claim copying them from the Notice of Claim CLAIMANT AND DEFENDANT TO Fill in the name and address of the person you want to attend the Tribunal WITNESS Name of party who requires witness APPLICANT WHEN AND WHERE Witness is required to attend before the Small Claims Tribunal Fill in the place, date and time of the hearing on date at time at full address of the place where witness must attend WHY IS THE WITNESS BEING SUMMONED State briefly to your witness why you need his evidence Witness is required to bring these documents and other things If you want the witness to bring to the hearing any documents or other things list them here Sign and date your summons signature of party applying for summons This part will be completed by the Tribunal date For office use only DECREE BY ADJUDICATOR 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 any of the documents or things as required in this summons signature of Adjudicator date SMALL CLAIMS TRIBUNAL [ S.L.380.01 21 NOTICE TO WITNESS Once you have received a notice of summons duly authorised by the Tribunal, you must then attend for the Tribunal hearing at the time and place indicated in this summons and bring with you any documents or other things required from you in the summons. SUMMONS TO WITNESS You do not need to ask the Tribunal to issue a Summons to Witness, if witness is prepared to attend voluntarily. COMPLETE the Summons to Witness following the instructions on the form. Be sure to type or write clearly and that all copies are legible. FILE the Summons to Witness by taking it to the Small Claims Tribunal Registry. The Staff will check if the form has been completed correctly. They will then apply the registry stamp and proceed with the service of the summons. If you want the witness to bring any specific documents (for example invoices) be sure to list them in your summons. REMEMBER to file the summons in good time before the date of the hearing when you want the witness to attend. If a witness who is notified with the summons fails to attend the Adjudicator may then issue an Order of Escort against him. [ S.L.380.01 22 SMALL CLAIMS TRIBUNAL REGISTRY FILE NUMBER Form 8 LOCATION ORDER OF ESCORT IN THE SMALL CLAIMS TRIBUNAL In the case between: CLAIMANT AND DEFENDANT TO Officer executing order of arrest Whereas the witness .......................................................................................... .......................................................................................... .......................................................................................... full name and address of witness was served with a Summons to Witness at the hearing of this claim and the said witness failed to obey the summons, and I am satisfied that the evidence of the witness is material to this claim, YOU ARE THEREFORE ORDERED TO ESCORT AND BRING THE WITNESS BEFORE THIS TRIBUNAL on date time at address where the trial is to be held signature of Adjudicator date [ S.L.380.01 SMALL CLAIMS TRIBUNAL 23 REGISTRY FILE NUMBER Form 9 LOCATION BLANK APPLICATION IN THE SMALL CLAIMS TRIBUNAL Fill in the names of the parties to the claim copying them from the Notice of Claim In the case between: CLAIMANT AND DEFENDANT Name of party making application APPLICANT(S) Briefly state what you are applying for signature of applicant date 24 [ S.L.380.01 SMALL CLAIMS TRIBUNAL FORM 10 APPLICATION OF APPEAL In the Court of Appeal (Claimant) ................ ................................ versus (Defendants ............. ................................ and/or Third Parties) Application of Appeal by ...................................................................................... Respectfully states: That an appeal is being lodged to this Honourable Court in terms of article 8 of the Small Claims Act, as the appellant feels himself aggrieved by the decision delivered by the Small Claims Tribunal on ..................................................... That the reasons for the appeal are the following: Signature of Advocate This Signature of Legal Procurator day of Filed by Registrar NOTE that an Application of Appeal is to be signed by an Advocate in the normal manner. SMALL CLAIMS TRIBUNAL [ S.L.380.01 25 FORM 11 ANSWER TO THE APPLICATION OF APPEAL In the Court of Appeal (Claimant) ................ ................................ versus (Defendants ............. ................................ and/or Third Parties) The answer of ....................................................................................................... Respectfully submits that (set out statement of defence) ........................................ Respondent humbly prays that .............................................................................. Signature of Advocate This Signature of Legal Procurator day of Filed by Registrar NOTE that an Answer to the Application of Appeal is to be signed by an Advocate in the normal manner. 26 [ S.L.380.01 SMALL CLAIMS TRIBUNAL FORM 12 TAXATION OF COSTS FOR PROFESSIONAL SERVICES SMALL CLAIMS TRIBUNAL The fees due for professional services rendered by in the case amount to This day of Registrar SMALL CLAIMS TRIBUNAL SECOND SCHEDULE [ S.L.380.01 27 Amended by: L.N. 138 of 2000; L.N. 201 of 2000; L.N. 159 of
- Substituted by: L.N. 425 of 2007; L.N. 59 of
- Tariff A: Fees payable in the Small Claims Tribunal
- For the filing of any claim ..................................................................... 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. 9.
(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 ot herwi se, 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 sub-paragraph
(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 sub-paragraph
(1)shall apply.
- For any other act of procedure indicated in the Small Claims Tribunal Act, but for which no fee is established in this Tariff: €40 €25 €80 €50 €6 €1.20 €25 €7 €15 [ S.L.380.01 28 SMALL CLAIMS TRIBUNAL 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.
- 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. €120 €50 €35 Tariff B: Professional Fees
- 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.
- 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.
- 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.