SMALL CLAIMS TRIBUNAL      [ CAP. 380.        1
CHAPTER 380
SMALL CLAIMS TRIBUNAL ACT
To establish the Small Claims Tribunal.
16th October, 1995
ACT V of 1995, as amended by Acts XII of 1998, VI of 2001 and XXXI of
2003.
Short title.
Interpretation.
"adjudicator" means an Arbiter of the Tribunal appointed in
accordance with article 4;
"Minister" means the Minister responsible for justice; 
Cap. 12.
"Registrar" means the Registrar of Courts appointed under the
Code of Organization and Civil Procedure;
"Tribunal" means the Small Claims Tribunal established under
article 3.
Establishment of 
tribunal.
Amended by:
XII. 1998.2;
VI. 2001.27;
XXXI. 2003.227.
3. (1) There shall be a Tribunal to be styled the Small Claims
Tribunal.
(2) Subject to subarticle (5), the Small Claims Tribunal shall
have jurisdiction to hear and determine only all money claims of an
amount not exceeding one thousand five hundred liri:
Provided that, in determining the sum referred to in this
subarticle, no account shall be taken of fees and costs relative to the
same claim.
(3) ( a ) If the plaintiff claims payment of several sums due for
the same cause, the value of the claim is to be
determined by the total amount of the claims.
( b ) If the plaintiff claims payment of several sums due for
different causes, the value of the claim is determined
by the highest sum, irrespective of the smaller sums.
( c ) If the claim is for capital and interest, the value is
determined by the aggregate of all the capital sums
claimed, and the Tribunal shall have jurisdiction over
the claim notwithstanding that the capital and interest
claimed in their aggregate exceed one thousand five
hundred liri.
(4) The Tribunal shall hold its sittings in such place or places
in Malta and Gozo as the Minister may by order in the Gazette
determine and the Tribunal shall, as far as practicable, hold the
sittings in the Island where the person against whom the claim is
made has his ordinary residence * .
(5) Causes involving questions of ownership of immovable
* See  Legal Notice 142 of 1995.
  2      CAP. 380. ]                SMALL CLAIMS TRIBUNAL 
property, or relating to easements, burdens or other rights annexed
to such property, even though the claim does not exceed one
thousand five hundred liri, and causes of ejectment or eviction from
immovable property shall not fall within the jurisdiction of the
Tribunal.
Adjudicators.
Amended by:
VI. 2001.27.
4. (1) The Tribunal shall be presided by an adjudicator sitting
alone:
Provided that more than one adjudicator may be appointed
to sit in any of the said Tribunals, but only one adjudicator shall sit
in any one case.
(2) Adjudicators shall be appointed by the President acting in
accordance with the advice of the Prime Minister. A person shall
not be qualified to be appointed as Adjudicator unless he has
practised as an advocate in Malta for a period or periods amounting
in the aggregate to not less than seven years.
(3) A person shall be disqualified to be appointed adjudicator if
such person -
( a ) is a member of the House of Representatives; or 
( b ) is a member of a Local Council; or
( c ) is an undischarged bankrupt; or
Cap. 9.
( d ) has been sentenced by any court to imprisonment for
any term or has been found guilty by any court of any
of the crimes in Titles III, V or VI of Part II of Book
First of the Criminal Code.
(4) ( a ) Adjudicators shall receive such remuneration as the
Prime Minister may by notice in the Gazette determine
and such remunerations shall be a charge on the
Consolidated Fund; such remuneration shall not during
the tenure of office of an Adjudicator be altered to his
disadvantage.
( b ) During the term of their appointment, Adjudicators
shall be precluded from the exercise of their profession
in cases before the Tribunal.
(5) Adjudicators shall be appointed for a term of five years and,
on the lapse of their term, they shall not be eligible for re-
appointment:
Provided that if the office of Adjudicator is vacant or if the
Adjudicator is unable to perform the functions of his office, then,
until a person has been appointed and has assumed the functions of
that office, then, until a person has been appointed and has assumed
the functions of that office, those functions shall be performed by
any other Adjudicator in office or by such other person qualified
for appointment as Adjudicator as may be appointed to act as
Adjudicator by the President acting in accordance with the advice
of the Prime Minister. Such person shall continue to act for the
period of his appointment or, if no such period is specified, until
his appointment is revoked by the President acting in accordance
with the advice of the Prime Minister.
SMALL CLAIMS TRIBUNAL      [ CAP. 380.        3
(6) In the exercise of his functions under this Act, an
Adjudicator shall not be subject to the control or direction of any
other person or authority. An Adjudicator may not be removed
from office except in the manner and for the reasons provided for in
article 97(2) of the Constitution, and any law or regulation made
pursuant to article 97(3) of the Constitution for the purposes of
article 97(2) thereof shall apply  mutatis mutandis  to the procedure
for the presentation of an address and for the investigation and
proof of the inability or misbehaviour of an Adjudicator under the
provisions of this article.
Abstention or 
challenge of 
adjudicators.
Substituted by:
VI. 2001.27.
Cap. 12.
5. The provisions of the Code of Organization and Civil
Procedure relative to abstentions by and challenges to a magistrate,
and to the subrogation of and the distribution of duties amongst
magistrates shall,  mutatis mutandis,  apply to Adjudicators. Any
Code of Ethics applicable to Magistrates shall also apply to
Adjudicators.
Oath to be taken by 
adjudicators.
6. Every person appointed as an adjudicator shall not assume
the functions of his office unless and until he has taken before the
Attorney General an oath to examine and decide the cases brought
before him without delay, with impartiality and equity according to
law.
Tribunal to decide 
according to 
equity.
7. (1) The Tribunal shall determine any claim or counter-
claim before it principally in accordance with equity:
Provided that, in any case, any question of prescription
shall be determined according to law.
(2) The Tribunal shall suspend its proceedings if -
( a ) the claim is sought to be avoided by way of defence,
involving an issue outside the Tribunal’s jurisdiction;
and/or
( b ) there is pending before a competent court an action,
the outcome of which would affect the claim before
the Tribunal.
Appeals.
Amended by:
XXXI. 2003.228.
Cap.12.
8. (1) An appeal shall lie from a decision of a Tribunal to the
Court of Appeal composed of one judge only in accordance with
article 41(6) of the Code of Organization and Civil Procedure. Such
appeal shall be entered by an application to be filed within twenty
days.
(2) Independently of the amount of the claim, an appeal shall
always lie in the following cases:
( a ) on any matter relating to the jurisdiction of the
Tribunal; 
( b ) on any question of prescription;
( c ) on any non-compliance with the provisions of article
7(2);
( d ) where the Tribunal has acted in a serious manner
contrary to the rules of impartiality and equity
according to law and such action has prejudiced the
  4      CAP. 380. ]                SMALL CLAIMS TRIBUNAL 
rights of the appellant.
(3) A right of appeal on all grounds shall also lie where the
amount in dispute, calculated in accordance with the provisions of
article 3(2), exceeds five hundred liri.
(4) Where the Court of Appeal finds that the grounds for appeal
are justified it shall quash the decision of the Tribunal and shall
itself determine the original claim and counter-claim in accordance
with the provisions of article 7.
(5) The Court of Appeal may, if it considers the application
frivolous or vexatious, dismiss the appeal and order the appellant to
pay a penalty which shall not be less than one hundred liri and not
exceeding five hundred liri.
Cap. 12.
(6) The amount of the penalty shall be due and owing to the
Government as a civil debt, liquidated and certain, and may be
collected by the Registrar. The order referred to in subarticle (5)
shall constitute an executive title within the meaning and for the
purposes of Title VII of Book Second of the Code of Organization
and Civil Procedure.
Procedure. 9. (1) Subject to the provisions of any rules made in
accordance with article 16 and to the provisions of subarticle (2),
an adjudicator shall regulate the proceedings before a Tribunal as
he thinks fit in accordance with the rules of natural justice.
(2) Subject to any rules referred to in subarticle (1), an
adjudicator - 
( a ) shall ensure that a case is heard and decided
summarily, as far as possible, on the same day of the
hearing and that the hearing shall not take longer than
one sitting;
( b ) he shall inform himself in any manner he thinks fit and
shall not be bound by the rules of best evidence or the
rules relative to hearsay evidence if he is satisfied that
the evidence before him is sufficiently reliable for him
to reach a conclusion on the case before him;
( c ) he shall refrain as far as possible from appointing
referees to give expert evidence, and shall where
experts are appointed make out a list of facts upon
which the expert is to give evidence;
( d ) shall only list out the main points upon which his
decision is based; and
( e ) shall have the same power as a magistrate sitting in a
Court of Magistrates in its civil jurisdiction and in
particular shall have power to summon witnesses and
to administer an oath to witnesses.
(3) No proceedings before the Tribunal shall be invalid because
of the non-observance of any formalities if there has been
substantial compliance with this Act or any rules made thereunder.
SMALL CLAIMS TRIBUNAL      [ CAP. 380.        5
Costs and 
enforcement.
Amended by:
XII. 1998.3;
VI. 2001.27;
XXXI. 2002.229.
10. (1) In any award the adjudicator shall determine the costs
that any of the parties is to bear. Unless special circumstances
otherwise warrant the losing party shall be ordered to pay the costs
of the party in whose favour the decision is awarded.
(2) Costs shall be limited to actual expenses directly made in
connection with the case by the party in whose favour the payment
of costs is awarded.
(3) In the case of a vexatious or frivolous claim the Tribunal
may order the claimant to pay to the defendant a penalty of not
more than one hundred liri, which penalty shall be due as a civil
debt.
(4) A decision of the Tribunal which has become  res judicata
may be enforced, depending on the residence of the person against
whom enforcement is sought, by the Court of Magistrates (Malta)
or by the Court of Magistrates (Gozo), as if the decision was a
judgment of the respective court.
Registry of the 
Tribunal.
Substituted by:
XII. 1998.4.
Amended by:
XXXI. 2002.230.
11. (1) The Minister may by regulations designate the registry of
the Tribunal and the functions thereof and by the same regulations may
also designate such officers as may be necessary for the operation of
the Tribunal. All the records of the Tribunal shall be filed in the
registry referred to in this subarticle .
(2) The records of the Tribunal shall be accessible to all
persons, and copies thereof shall be given on payment of the
prescribed fee to any person on request.
(3) The acts of the Tribunal shall be deposited and kept in such
archives as may be designated by the Minister by regulations made
under this article .
Duties of Registrar.
the Tribunal. The Registrar shall also perform any other duties
which may be incumbent upon him under this Act or any rules
made thereunder.
Cap. 12.
(2) The duties of Registrar of the Tribunal shall be carried out
in accordance with the provisions of the Code of Organization and
Civil Procedure.
When parties fail 
to appear.
Substituted by:
XXXI. 2002.231.
13. If any of the parties fails to appear on the date appointed for
the hearing of the cause, the following provisions shall apply:  
( a ) if the claimant fails to appear, the adjudicator shall
adjourn the cause for another date and if on such other
date the claimant fails to appear, the adjudicator shall
dismiss the cause and order the costs to be borne by the
claimant:
Provided that the adjudicator shall not make such
adjournment but shall either determine the case or
dismiss the same with costs to be borne by the plaintiff if
the defendant so requests;
  6      CAP. 380. ]                SMALL CLAIMS TRIBUNAL 
Cap. 12.
( b ) if the defendant fails to appear, the adjudicator may
determine the case in the absence of the defendant and an
admission made upon a reference to the oath of the
defendant may be received in evidence against the
defendant, and the provisions of Sub-title VI of Title I of
Book Third of the Code of Organization and Civil
Procedure with respect to a reference to the oath of a
defendant in the inferior courts shall,  mutatis   mutandis ,
apply.
Parties may be 
assisted by any 
person.
14. The parties may be assisted by any person.
Language of 
proceedings. 
Cap. 189.
15. The provisions of the Judicial Proceedings (Use of English
Language) Act shall apply to the Tribunal.
Rules.
Amended by:
XXXI. 2002.232.
16. (1) The Minister may make rules for the better functioning
of the Tribunal and may without prejudice to the generality hereof
make rules - 
( a ) setting out the procedure before the Tribunal or in
appeals from the Tribunal;
( b ) establishing the forms that are to be used in
proceedings before the Tribunal or in appeals from the
Tribunal;
( c ) establishing rates of costs in proceedings before the
Tribunal;
( d ) establishing the fees that may be due to the registry of
the Tribunal;
( e ) establishing the fees that may be due to advocates and
legal procurators appearing before the Tribunal;
( f ) setting out the duties of registrar in relation to the
Tribunal;
( g ) prescribing anything that may or is to be prescribed in
accordance with this Act.
Cap. 12.
(2) The service of judicial acts in terms of this Act shall be carried
out in such manner as is provided for the service of judicial acts in the
Code of Organization and Civil Procedure, unless the Minister shall,
by regulations made under this article, otherwise provide.
Expenditure of 
administration of 
Tribunal.
17. The expenses in connection with the administration of the
Tribunal and the remuneration due to adjudicators shall be paid out
of the Consolidated Fund without the necessity of any further
appropriation.
