CONSUMER CLAIMS TRIBUNAL g S.L.378.01 1
SUBSIDIARY LEGISLATION 378.01
CONSUMER CLAIMS TRIBUNAL RULES
16th January, 1996
LEGAL NOTICE 8 of 1996, as amended by Legal Notice 284 of 2000.
Rule 1 - Citation
Citation.
Rules.
Rule 2 - Definitions
Definitions.
Cap. 378.
"claimant" means the person, whether a consumer or a trader,
who is making the claim;
Cap. 12.
"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;
"Director" means the Director of Consumer Affairs;
"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;
"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
Completing a 
notice of claim.
Amended by:
L.N. 284 of 2000.
3.1. 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
2 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
Director of Consumer Affairs or by a registered consumer
association, as the case may be, stating that the claim has been
referred to the Director or to the registered consumer association
and that subsequent to such reference no settlement was achieved
on the issues in dispute.
Claimant may 
name more than 
one defendant.
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.
Claimant to list his 
witnesses.
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.
Effect if part of 
claim is 
abandoned.
Amended by:
L.N. 284 of 2000.
3.4. If the value of a claim is more than five hundred liri, 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 one thousand five hundred liri.
Documents to be 
served when 
making a claim.
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 (Form 2).
Rule 4 - Replying to a Claim
Time-limit in 
which defendant 
may reply.
4.1. 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.
What a defendant 
must do when 
replying.
4.2. A defendant shall, when replying, complete a Reply (Form
2) following the instructions on the form. The Reply shall then be
filed in the Registry of the Tribunal where the Notice of Claim was
originally filed. 
Defendant to list 
his witnesses.
4.3. A defendant shall, in his Reply, 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.
If a defendant 
admits liability or 
pays.
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.
Service of a reply 
and a counterclaim 
if any.
4.5. A defendant shall through the Secretary serve the claimant
with:
4.5.1. a copy of his Reply; and
4.5.2. if the defendant has with his Reply made a
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 3
counterclaim in accordance with rule 5, with a
copy of the Notice of Claim made by the defendant
and with blank Reply (Form 2).
Rule 5 - Making a Counterclaim
How to make a 
counterclaim.
Amended by:
L.N. 284 of 2000.
5.1. A defendant may together with his Reply also make a
counterclaim against the claimant by completing a Notice of Claim
(Form 1) 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 one
thousand five hundred liri.
Serving a 
counterclaim.
5.2. A counterclaim is served on the claimant when a copy of
the Reply together with the Notice of Claim made by the defendant
is served on the claimant in accordance with rule 4.5.
Effect when 
abandoning part of 
part of a 
counterclaim.
Amended by:
L.N. 284 of 2000.
5.3. If the value of the counterclaim is more than one thousand
five hundred liri, the defendant may pursue the counterclaim before
the Tribunal if he declares in his Notice of Claim that he is
abandoning the amount of the counterclaim which is in excess of
one thousand five hundred liri.
Reply to a 
counterclaim.
5.4. A claimant shall reply to a counterclaim by completing a
Reply (Form 2) following the instructions on the form and the rules
for replying to a Notice of Claim.
Tribunal may 
postpone 
proceedings.
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
When a claimant 
can ask for a 
default order.
6.1. If a defendant does not file a Reply within the time limit
prescribed in rule 4.1, the claimant may ask the Tribunal for a
default order against the defendant.
How to ask for a 
default order.
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.
Secretary to refer 
default order to 
Arbiter.
6.3. The Secretary shall refer any Application for a Default
Order to an Arbiter, and the Arbiter shall then decide whether or
not to grant such a request.
Arbiter may hold 
hearing.
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
4 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
before proceeding to determine the Application for
a Default Order.
Secretary to notify 
of hearing.
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.
Rule 7 - Default Orders against a Claimant
Defendant may ask 
for a default order 
if a claimant does 
not reply to a 
counterclaim.
7.1. 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.
How a defendant 
may ask for a 
default order.
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.
Secretary to refer 
request for default 
order.
7.3. The Secretary shall 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.
Determination of 
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.
Defendant to take 
oath.
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
Any document 
filed may be 
amended.
8.1. 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, or in any application or other document filed by
that same party.
Arbiter to decide. 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.
Duties of Secretary 
relating to 
amendments.
8.3. The Secretary shall underline, initial and date any
amendments that an Arbiter may authorise to be effected.
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 5
Service of a 
revised document.
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.
Claim or 
counterclaim may 
be withdrawn.
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.
The effect of 
withdrawing.
8.6. A party who withdraws a claim or counterclaim may not at
any time proceed with it or file another Notice of Claim 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 permission to do so. Such an application shall be
determined by an Arbiter.
Rule 9 - Preliminary Proceedings
Secretary to verify 
that parties are 
served.
9.1. After the lapse of the period in which a reply to a claim and
a reply to a counterclaim, if any, may be made, the Secretary shall
verify that all the parties have been served with the Notice of Claim
against them or a Reply, if any, in accordance with these rules
before proceeding to appoint the case for hearing before an Arbiter.
Secretary to take 
necessary 
measures.
9.2. If a party has not been served with a Notice of Claim or a
Reply, the Secretary shall inform the Arbiter who may take such
measures as he considers to be appropriate in accordance with these
rules to ensure that all parties are duly served.
Secrctary to serve 
Notice of Hearing.
9.3. The Secretary shall, after verifying that each of the parties
has been served with the Notice of the Claim and with the Reply, if
any, appoint a date for hearing before an Arbiter. The Secretary
shall serve all the parties with a Notice of Hearing (Form 4).
Rule 10 - Preparing for the Hearing
What a party shall 
do before a 
hearing.
10.1.  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.
Award of expenses 
against a party who 
attends 
unprepared.
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.
If a witness is not 
prepared to attend 
voluntarily.
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.
6 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
Time-limit when 
application must be 
presented.
10.4.  A Summons to Witness shall be 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. 
Duties of a person 
served with a 
Summons to 
Witness.
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 Witness in the summons, and
10.5.2. bring with him any document and any other things
that may be required by the summons.
Arbiter may issue 
an Order of Escort.
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.
Secretary to refer 
Order of Escort to 
the Registrar of the 
Courts.
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.
Exercise of Order 
of Escort.
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
Continuity of 
Tribunal.
11.1.  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.
When a new arbiter 
shall conduct the 
hearing.
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.
Adjournment of a 
hearing.
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.
Hearing to be held 
in public.
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.
Arbiter may try to 
settle amicably.
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.
Enforcement of 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.
Conduct of a 
hearing by Arbiter.
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
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 7
considers to be fair and which gives to each party an equal
opportunity to submit his case.
Arbiter may 
intervene.
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.
Appointment of 
technical referee.
11.9.  An Arbiter may at his discretion and in accordance with
article 23 of the Act, decide to appoint a technical referee if:
11.9.1. the Arbiter considers that such an appointment is
necessary; or
11.9.2. if a party makes a request for such an appointment
and none of the other parties oppose.
Fees to technical 
referees.
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.
Rule 12 - Failure of a Party to Attend for the Hearing,
Non-attendance by 
a defendant.
12.1.  If a defendant does not attend for the hearing, the Arbiter
may allow the claim against that defendant.
Non-attendance by 
a clasimant.
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.
Costs to be borne 
by defaulting 
party.
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
Conduct of case.
may also be assisted by any other person including an advocate or a
legal procurator.
Arbiter may 
exclude any 
person.
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.
If the party is a 
body having 
distinct legal 
personality.
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. 
Arbiter may allow 
relief from 
observance of 
rules.
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
8 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
may, in such a case, make any order which he considers to be just.
Rule 14 - Decision of Arbiter after the Hearing
Arbiter to give 
decision after the 
hearing.
14.1.  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.
If decision is given 
later.
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.
Decision to be 
given as soon as 
practicable.
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
Filing an appeal. 15.1.  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.
Procedure in an 
appeal from a 
decision of the 
Consumer Claims 
Tribunal (Malta).
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.
Procedure in an 
appeal from a 
decision of the 
Consumer Claims 
Tribunal (Gozo).
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.
Transmission of 
records to Superior 
Courts.
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
Claim or 
counterclaim 
cannot be divided.
16.1.  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.
Tribunal may give 
orders for swift and 
effective 
settlement.
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.
Arbiter may extend 
or shorten times.
16.3.  At any time, an Arbiter may extend or shorten any time
limit set by these rules on the terms which he considers to be fair to
all parties.
Correction of 
decisions.
16.4.  An Arbiter may correct an accidental error or omission in
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 9
a decision, and may furthermore add provisions on expenses,
interests or anything else that was not, but should have been
adjudicated on.
Secretary to assist 
parties.
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.
Applicability of 
Code of 
Organization and 
Civil Procedure.
Cap. 12.
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.
Cases before a 
court referred to a 
Tribunal.
Amended by:
L.N. 284 of 2000.
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 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. This rule shall also
apply to any counterclaims made before a Tribunal.
Rule 17 - Other Rules about Service
Service of notice or 
document.
17.1.  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. 
Arbiter may order 
notice of service in 
the Gazette etc.
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.
Officer to effect 
service.
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
Party to pay any 
prescribed fees.
18.1.  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.
Applicability of the 
Code on 
professional fees.
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
10 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
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.
Applicability of the 
Code on Court 
Registry fees.
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
Forms. 19.1.  The forms in the Second Schedule shall be used in
accordance with these rules and the instructions on the respective
forms.
Secretary may 
refuse to accept 
improper 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.
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 11
FIRST SCHEDULE
Fees payable in the Registry of a Tribunal
TARIFF B
Fees payable in respect of Executive Acts
Fees payable in the Registry of the Court of Appeal
TARIFF A Substituted by:L.N. 284 of 2000.
1. For filing a notice of claim or a reply containing a
counterclaim:
1.1 where the amount claimed does not exceed Lm 250 ....... Lm 3.00,0
1.2 where the amount claimed does not exceed Lm 500 ....... Lm 5.00,0
1.3 where the amount claimed does not exceed Lm 1000 ..... Lm 8.00,0
1.4 where the amount claimed exceeds Lm 1000 ................. Lm 10.00,0
2. For filing a reply provided it does not include a counterclaim  Lm 3.00,0
3. For the filing of any application or any other act including
the filing of a technical referee’s report ................................ Lm 0.75,0
4. For every service ................................................................. Lm 1.00,0
5. For every copy, for every page of the original ...................... Lm 0.25,0
6. For each definitive decision of a Tribunal -
6.1. In respect of the first Lm 500 ........................................ Lm 4.00,0
6.2. In respect of any value in excess of Lm 500 ................... Lm 8.00,0
1. For the publication of adverts in the Gazette, for every
insertion ............................................................................... Lm 2.00,0
TARIFF C Added by:L.N. 284 of 2000.
1. For the filing of an application of appeal ............................. Lm 15.00,0
12 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
NOTICE OF CLAIM (OR COUNTERCLAIM)
IN THE CONSUMER CLAIMS TRIBUNAL
Amended by:
L.N. 284 of 2000. SECOND SCHEDULE
REGISTRY FILE
NUMBER
Form 1 LOCATION
Notice to party
making a
counterclaim
If this is a counterclaim then you should indicate the registry file number of
the claim made against you
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 Lm
FILING FEES Lm
SERVICE FEES Lm
TOTAL Lm
PARTICULARS OF THE CLAIM
NOTICE TO CLAIMANT
You must first refer your claim to the Director of Consumer Affairs who will try to settle your dispute. If
no settlement is achieved within 15 working days you may then present your claim before the Tribunal.
This notice does not apply if you are a defendant who is making a counterclaim against the claimant.
Give the reference number of the Department of
Consumer Affairs file relating to your claim and state
the date when you referred your claim to the Director
reference number
date
WHERE' WHEN'
Tell where this
happened
Tell when this
happened
HOW MUCH'
State how much is
being claimed from
the defendant Lm
ABANDONING
PART OF A CLAIM
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 13
If you are abandoning
part of your claim in
excess of Lm 1,500
sign this declaration
I declare that any amount of my claim in excess of Lm 1,500 is being
abandoned
..................................................................... signature
STEP 1 FROM
COMPLETE the NOTICE OF
CLAIM using a typewriter or writing
clearly. Make sure that all the copies
are legible.
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.
STEP 2
FILE the NOTICE OF CLAIM by
taking it to the Consumer 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 and assign
a file number. The Secretary will then
proceed to serve on your behalf the
defendant with a copy of the Notice
of Claim.
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
case here. You must tell just enough to let
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.
STEP 3
WHAT HAPPENS AFTER WHERE'
If the defendant files a reply, you will
be served with a copy of the reply. If
no reply is filed within 18 days of the
date of the notification of the
NOTICE OF CLAIM, you may apply
for a default order against the
defendant who failed to file a reply.
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'
If the value of your claim is more than Lm1,500
(excluding filing and services fees) you may still
present your claim before the Tribunal if you are
prepared to abandon the amount of your claim in
excess of Lm1,500. In such a case you must then
declare under ABANDONING PART OF A
CLAIM that you are abandoning the amount of
your claim in excess of Lm1,500.
14 g S.L.378.01 CONSUMER 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
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 15
REPLY
IN THE CONSUMER CLAIMS TRIBUNAL
REGISTRY FILE
NUMBER
Form 2 LOCATION
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 counterclaim then you should complete a notice of claim yourself,
following the instructions on that form. Make sure that your notice of claim is presented together with
your reply.
Tribunal staff will fill
in this part
*Amount claimed is
only applicable if you
as a defendant are also
making a
counterclaim together
with this reply
FOR OFFICE USE ONLY
AMOUNT CLAIMED* Lm
FILING FEES Lm
SERVICE FEES Lm
TOTAL Lm
16 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
STEP 1 FROM
COMPLETE the REPLY using a
typewriter or writing clearly. Make
sure that all the copies are legible.
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 Secretary.
STEP 2
FILE the REPLY by taking it to the
Consumer Claims Tribunal Registry
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.
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.
STEP 3
WHAT HAPPENS AFTER COUNTERCLAIM
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.
If you want to make a counterclaim that is a
claim against the claimant, then together with
your reply you must also complete a Notice of
Claim following the instructions on that form. To
make a counterclaim your own claim must be
connected to or related to the claim that the
claimant has made against you.
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 17
PARTICULARS OF YOUR REPLY
LIST YOUR WITNESSES
IN THIS PART
Name and address of whom you intend to call as witness
DISPUTE 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
18 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
APPLICATION FOR A DEFAULT ORDER
IN THE CONSUMER CLAIMS TRIBUNAL
REGISTRY FILE
NUMBER
Form 3 LOCATION
Fill in the names of
parties to the claim
copying them from
the Notice of Claim.
In the case between:
CLAIMANT
AND
DEFENDANT
Name of party
making application
APPLICANT
I request that this Tribunal issue a default order against
..........................................................................................................
..........................................................................................................
full name and address of party against whom the default order is being requested
I confirm that the amount still due to me is of Lm
signature of applicant date
FOR OFFICE USE
Amount claimed Lm
Expenses Lm
Interest Lm
DECREE BY TRIBUNAL
This part will be
completed by the
Tribunal when
deciding your
application for a
default order
signature of Arbiter date
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 19
NOTICE OF HEARING
IN THE CONSUMER CLAIMS TRIBUNAL
REGISTRY FILE
NUMBER
Form 4 LOCATION
TO CLAIMANT
AND
DEFENDANT
You are informed that the hearing of your dispute will take place  before an
Arbiter of the Consumer Claims Tribunal:
on
date time
at
address where the hearing will be held
signature of tribunal secretary date
WARNING TO PARTIES
If you fail to attend for the hearing without giving a valid reason the Arbiter may
decide the dispute in your absence and award expenses against you. If you
cannot attend for the hearing you must then immediately apply in writing to the
Tribunal requesting a postponement, explaining why you cannot attend. It is at
the discretion of the Tribunal to decide whether your request is justified or not.
NOTICE OF HEARING
ATTEND for the hearing at least ten minutes before the appointed time.
Make sure that you are fully prepared, since this will be your only opportunity to
state your case and submit your evidence to the Tribunal.
BEAR IN MIND these points
1) BRING all the documents that are relevant to the case such as receipts,
correspondence or agreements.
2) MAKE SURE that any witnesses whose evidence you need arrive early. If a
witness is not prepared to attend voluntarily, then you should apply to the
Tribunal for the issue of a Summons to Witness (Form 5). The summons is an
order of the Tribunal telling the witness to attend for the hearing.
3) PREPARE what you are going to say beforehand. Go over all the facts in
chronological order. You may during the hearing refer to any notes you may
have prepared beforehand.
20 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
SUMMONS TO WITNESS
IN THE CONSUMER CLAIMS TRIBUNAL
REGISTRY FILE
NUMBER
Form 5 LOCATION
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 WITNESS
Fill in the name and
address of the person you
want to attend  the
Tribunal
Name of party who
requires witness APPLICANT
WHEN AND WHERE
Witness is required to attend before the Consumer 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 date
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 21
This part will be
completed by the
Tribunal
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 any of
the documents or things as required in this summons
signature of Arbiter date
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 Consumer 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 Arbiter
may then issue an Order of Escort against him.
22 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
ORDER OF ESCORT
IN THE CONSUMER CLAIMS TRIBUNAL
REGISTRY FILE
NUMBER
Form 6 LOCATION
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 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
on
date time
at
address where the trial is to be held
signature of Arbiter date
CONSUMER CLAIMS TRIBUNAL g S.L.378.01 23
BLANK APPLICATION
IN THE CONSUMER CLAIMS TRIBUNAL
REGISTRY FILE
NUMBER
Form 7 LOCATION
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
24 g S.L.378.01 CONSUMER CLAIMS TRIBUNAL
signature of applicant date
