S.L. 378.1 ст. 2Definitions.

In these rules unless the context otherwise requires -

"Act" means the Consumer Affairs Act;

"claimant" means the person, whether a consumer or a trader, who is making the claim;

"Code" means the Code of Organization and Civil Procedure; "counterclaim" means a claim made by a defendant against a claimant; "court" means any court or other tribunal of civil jurisdiction as the case may be; "days" means, unless stated otherwise, running days and includes Saturdays, Sundays and all public holidays; "default order" means a decision of the Tribunal on the issues in dispute after a party fails to reply to, or admits to, a claim or counterclaim with which he has been served;

"defendant" is the person, whether a consumer or a trader, against whom the claim is made;

"the Director General" means the Director General (Consumer Affairs) as defined in the Act;

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

"Minister" means the Minister responsible for consumer affairs; "prescribed fees" means the fees payable by a party as may be established in the First Schedule or any other rules made in conformity with the Act;

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

"Secretary" includes any Deputy Secretary appointed in accordance with the Act;

"Tribunal" means a Consumer Claims Tribunal established under the Act. Rule 3 - Making a Claim

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 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 to the registered consumer association and that subsequent to such reference no settlement was achieved on the issues in dispute. 3.1.A. A claim may also be filed by registered ‘advice of receipt’

mail or electronically through the dedicated online portal:

Provided that where a claim before the Tribunal is filed electronically outside Registry opening hours, such claim shall be deemed to have been filed on the first following day of the opening of the said Registry 3.2. A claimant in a Notice of Claim may name more than one defendant, provided that the claim against each of the defendants is related to or connected with the original subject matter of the claim.

3.3. A claimant shall, in his Notice of Claim, list any witnesses whom he intends to ask to give evidence during the proceedings. If the claimant wants to ask a witness who has not been previously listed, he shall then request the Arbiter, using a Blank Application (Form 7) for authorisation to produce such witness. Such an application shall in any case be filed at least seven days before the date scheduled for the proceedings. 3.4. If the value of a claim is more than ten thousand euro

(€10,000), a claimant may pursue his claim before a Tribunal if he declares in his Notice of Claim that he is abandoning the amount of his claim which is in excess of ten thousand euro

(€10,000).

3.5. A claimant shall serve through the Secretary each of the defendants named in the Notice of Claim with:

3.5.1. a copy of the Notice of Claim; and

3.5.2. a Blank Reply to a Claim (Form 2). 3.6. Upon receipt of a claim the Secretary shall immediately:

3.6.1. register the claim, assign it before an Arbiter and schedule a date for the hearing; and 3.6.2. serve both parties with a Notice of Hearing (Form 4 in the Second Schedule). 3.7. The hearing shall be scheduled on a day within fifty days from the filing of the claim after taking into consideration the time periods allowed by these rules for both parties to reply to the claim or counter-claim. 3.8. The Secretary shall assign cases before Arbiters sitting in one Tribunal in equal measure: Provided that where an Arbiter has been appointed to sit in the Tribunal (Gozo) and to sit in the Tribunal (Malta) he shall with respect to the latter appointment be assigned half the amount of cases assigned to an arbiter sitting exclusively in the Tribunal (Malta).

Rule 4 - Replying to a Claim 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. 4.2. A defendant shall, when replying, complete a Reply to a

Claim (Form 2) following the instructions on the form. The Reply to a Claim shall then be filed in the Registry of the Tribunal where the Notice of Claim was originally filed.

4.2.A. A reply to a claim may also be filed by registered ‘advice of receipt’ mail or electronically through the dedicated online portal:

Provided that where a reply to a claim before the Tribunal is filed electronically outside Registry opening hours, such reply shall be deemed to have been filed on the first following day of the opening of the said Registry. 4.3. A defendant shall, in his Reply to a Claim, list any witnesses whom he intends to ask to give evidence during the proceedings. If the defendant wants to ask a witness who has not been previously listed, he shall then request the Arbiter, using a Blank Application (Form 7) for authorisation to produce such witness. Such an application shall in any case be filed at least seven days before the date scheduled for the proceedings.

4.4. If a defendant, after being served with the Notice of Claim, admits to the claim or makes payment, he shall still be liable to pay to the claimant any expenses the claimant incurred in bringing the claim before the Tribunal. 4.5. A defendant shall through the Secretary serve the claimant with:

4.5.1. a copy of his Reply to a Claim; and

4.5.2. a copy of the Notice of Counterclaim (Form 1A) made by the defendant and a blank Reply to a Counterclaim (Form 2A) if the defendant has made a counterclaim with his Reply to a Claim in accordance with rule 5.

Rule 5 - Making a Counterclaim 5.1. A defendant may together with his Reply to a Claim also make a counterclaim against the claimant by completing a Notice of Counterclaim (Form 1A) following the instructions on that form.

The counterclaim shall be connected to or related with the claim made against the defendant, and the value of the counterclaim shall not exceed five thousand euro (€5,000).

5.2. A counterclaim is served on the claimant when a copy of the Reply to a Claim together with the Notice of Counterclaim made by the defendant is served on the claimant in accordance with rule 4.5.

5.3. If the value of the counterclaim is more than ten thousand euro (€10,000), the defendant may pursue the counterclaim before the Tribunal if he declares in his Notice of Counterclaim that he is abandoning the amount of the counterclaim which is in excess of ten thousand euro (€10,000).

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

Reply to a Counterclaim (Form 2A) following the instructions on the form and the rules for replying to a Notice of Claim shall apply when a claimant replies to a counterclaim. mutatis mutandis 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 6.1. If a defendant does not file a Reply to a Claim within the time limit prescribed in rule 4.1, the claimant may ask the Tribunal for a default order against the defendant.

6.2. To ask for a default order a claimant must:

6.2.1. complete an Application for a Default Order (Form 3) following the instructions on that form, and filing it in the Registry of the Tribunal where the Notice of Claim was filed; and 6.2.2. confirm on oath before the Secretary that the claim is still due. 6.3. The Secretary shall immediately refer any Application for a Default Order to the Arbiter to whom the case is assigned under rule 3.6.1, and the Arbiter shall then decide whether or not to grant such a request.

6.4. The Arbiter may, in determining an Application for a

Default Order: 6.4.1. if such defendant failed to reply, give a default order against the defendant who failed to reply without holding a hearing; or 6.4.2. direct that a hearing be held subject to any measures that the Arbiter may consider appropriate before proceeding to determine the Application for a Default Order. 6.5. If the Arbiter orders that a hearing be held under this rule, he shall direct the Secretary to notify in writing the date, time and place of the hearing to the claimant and any other persons whose attendance the Arbiter may require. In any case the defendant against whom an Application for a Default Order has been made, shall also be notified of any such hearing. 6.6. A hearing ordered by the Arbiter under this rule shall to the extent possible be held on the same day scheduled for the hearing by the Secretary under rule 3.6.1.

Rule 7 - Default Orders against a Claimant 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.

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

7.2.1. completing an Application for a Default Order (Form 3) following the instructions on that form and filing it in the Registry where he originally filed his counterclaim; or 7.2.2. making a verbal request during the hearing scheduled for the proceedings of the claim and counterclaim. 7.3. The Secretary shall immediately refer a request for a

Default Order made under rule 7.2.1 to the Arbiter appointed to hear and determine the original claim made against the defendant who is applying for a default order.

7.4. The Arbiter shall determine both the claim and the Application for a Default Order made under this rule in the course of the same proceedings. In doing so the Arbiter may take such measures as he may consider necessary to determine all the issues before him.

7.5. In any case before an Arbiter determines an Application for a Default Order made under this rule, the defendant making the Application for a Default Order shall confirm on oath either before the Arbiter or the Secretary that the counterclaim is still due. Rule 8 - Amending or Withdrawing a Claim, Reply or Counterclaim 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, to a Claim, a Notice of Counterclaim, a Reply to a Counterclaim, or in any application or other document filed by that same party.

8.2. In requesting the Tribunal to amend anything in accordance with this rule, a party shall complete a Blank Application (Form 7) and file it in the Registry of the Tribunal where the Notice of Claim was originally filed. The Secretary shall refer the application to the Arbiter who shall then decide what amendments, if any, shall be authorised. 8.3. The Secretary shall underline, initial and date any amendments that an Arbiter may authorise to be effected.

8.4. The Secretary shall, at the expense of the party who made the application, serve on the parties a copy of the revised document as authorised by the Arbiter. 8.5. A party may withdraw a claim or counterclaim at any time.

In doing so a party shall, through the Secretary, notify the other parties with the withdrawal. A withdrawal may also be done verbally during the course of proceedings before the Arbiter, provided all the parties have been served with a notice of the hearing.

8.6. A party who withdraws a claim or counterclaim may not at any time proceed with it or file another Notice of Claim or Notice of Counterclaim with respect to that same claim or counterclaim unless that party first applies in writing, using a Blank Application (Form 7), to the Tribunal for permission to do so. Such an application shall be determined by an Arbiter. Rule 9 - Preliminary Proceedings 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

Hearing, the Notice of Claim against them, a Reply to a Claim, a

Notice of Counterclaim or a Reply to a Counterclaim, if any, in accordance with these rules. 9.2. If a party has not been served with the Notice of Hearing, a

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

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

Rule 10 - Preparing for the 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. 10.2. If the Arbiter considers that a party has attended for a hearing unprepared, the Arbiter shall order that party to pay any reasonable expenses any of the other parties may have incurred as a result.

10.3. If a witness is not prepared to attend for a hearing voluntarily, a party may apply to the Tribunal for an order to summon a witness by completing a Summons to Witness (Form 5) following the instructions on that form. 10.4. A Summons to Witness shall be filed in the Registry of the

Tribunal where the Notice of Claim was filed, at least seven days before the date of the hearing when the person to be summoned as a witness is required to give his evidence.

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

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

10.5.2. bring with him any document and any other things that may be required by the summons. 10.6. The Arbiter appointed to hear the case may issue an Order of Escort (Form 6) for a witness who does not attend for the hearing as required in a Summons to Witness, if the Arbiter is satisfied that: 10.6.1. the summons was duly served on the witness; and 10.6.2. the evidence of the witness is necessary.

10.7. The Secretary shall, acting on the direction of the Arbiter, refer an Order of Escort issued under this rule, to the Registrar of the Courts for execution by an executive officer of the Courts.

10.8. An Arbiter shall, when issuing an Order of Escort, have the same power as a Magistrate when issuing a warrant of escort.

Rule 11 - The Conduct of the Hearing 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. 11.2. If a hearing is interrupted before a final conclusion is reached as a result of the death, incapacity or removal of the

Arbiter who constitutes the Tribunal in the hearing, the claim and counterclaim, if any, shall be recommenced before a Tribunal constituted by another Arbiter. 11.3. The Arbiter may adjourn or postpone a hearing only if he considers that there are valid reasons therefore. In doing so the Arbiter may order such measures as he considers to be necessary to ensure a swift conclusion of the hearing. Except where otherwise provided in these rules, a hearing may not be adjourned or postponed for a period of more than twenty days.

11.4. A hearing shall be held in public. The Arbiter may, however, after having considered the circumstances of the dispute or at the request of a party, order that a hearing be held in private if he considers it to be necessary to do so. In doing so the Arbiter may give directions as to the persons who may be present during the hearing. 11.5. During the hearing, the Arbiter may at his discretion and after considering the issues in dispute, assist the parties to arrive at a settlement. 11.6. If the parties arrive at a settlement and the Arbiter approves of the settlement agreed to, the settlement shall then take effect as if it were a decision of the Arbiter given in accordance with article 25 of the Act. 11.7. Subject to article 23 of the Act the Arbiter may during the course of a hearing adopt any method of procedure which he considers to be fair and which gives to each party an equal opportunity to submit his case. 11.7.A. (1) In any claim, the Tribunal may on application of one of the parties or declare that any party or witness in a remote ex officio, location shall be treated as being present in the Tribunal for any part of the proceedings, or for the entirety of the proceedings.

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

(a) it is satisfied that facilities are available which enable persons in the remote location to participate in an active manner in the sitting presided by the Tribunal;

(b) if it is unfair to any of the parties to hold sittings by live video conferencing links; or

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

(3) If the Tribunal decides not to give an order under sub-rule (1) to hold sittings by video conference links, it shall give its reasons for the refusal.

(4) Without prejudice to the provisions of the Act and to any regulations and rules made thereunder, the Tribunal shall regulate its own procedure for the administration of live video conferencing procedures.

11.8. Without prejudice to rule 11.7. or to the provisions of the Act, the Arbiter may, after having considered the circumstances of the parties and whether they are represented or not: 11.8.1. put questions to any of the parties or the witnesses; and 11.8.2. explain any legal terms or expressions which are used. 11.9. An Arbiter may, in accordance with article 23 of the Act, decide to appoint a technical referee if he considers that such an appointment is necessary.

11.9.1. The Arbiter shall appoint technical referees from the list of technical referees which the Minister may by Notice in the Gazette publish. Where such list has not been published or where none of the listed referees can provide the Tribunal with the expertise required, the Arbiter may appoint a referee at his discretion. 11.9.2. The appointed referee shall submit his report to the Tribunal by the date specified by the arbiter in the appointment which date shall be within thirty days from the date of that appointment.

11.10. When appointing a technical referee the Arbiter shall determine the fees each of the parties shall initially pay to the referee. The fees due to a referee shall be calculated in the same manner as if the referee was giving expert evidence before the Court of Magistrates (Malta) in its civil jurisdiction or the Court of Magistrates (Gozo) in its inferior civil jurisdiction. 11.11. All other provisions relating to referees in the Code shall apply unless in conflict with these rules. Rule 12 - Failure of a Party to Attend for the Hearing, 12.1. If a defendant does not attend for the hearing, the Arbiter may allow the claim against that defendant. 12.2. If a claimant does not attend for the hearing, the Arbiter may: 12.2.1. dismiss the claim, and 12.2.2. if the defendant has made a counterclaim and the defendant is present, allow the counterclaim. 12.3. If the Arbiter awards or dismisses a claim or counterclaim, if any, under this rule, he shall order that the costs be borne by the party that failed to appear for the hearing.

Rule 13 - Representation 13.1. A party may conduct his own case during a hearing. He may also be assisted by any other person including an advocate or a legal procurator. 13.2. An Arbiter may exclude any person from assisting a party if he considers that such a person is not competent to do so.

13.3. If a party is a body having a distinct legal personality, such a body shall be represented by a person who is duly authorised to act on its behalf. In any claim or reply filed by or against such a body it shall be sufficient to state the name of the said body. 13.4. An Arbiter may at his discretion relieve any party from the consequences of the failure to comply with the Act or these rules, if the Arbiter considers that this was due to error, oversight or any other reason which the Arbiter considers to be valid. The Arbiter may, in such a case, make any order which he considers to be just. Rule 14 - Decision of Arbiter after the Hearing 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. 14.2. If the decision of the Arbiter is to be given at a later date, the Arbiter shall either orally at the end of the hearing or in writing through the Secretary, inform the parties of the date when the decision shall be given. 14.3. If the decision of the Arbiter is not given at the end of the hearing, then it shall be given as soon as practicable and each of the parties shall be entitled to request from the Secretary a copy of that decision. In no case shall a decision be given any later than forty days from the date of the end of the hearing.

Rule 15 - Appeal

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. 15.2. In making an appeal or replying to an appeal from a decision of the Consumer Claims Tribunal (Malta) a party shall follow the procedure applicable when an appeal or reply thereto is made from a judgement of the Court of Magistrates (Malta) sitting in its civil jurisdiction, to the extent that such procedure is not in conflict with the Act or with these rules.

15.3. In making an appeal or replying to an appeal from a decision of the Consumer Claims Tribunal (Gozo) a party shall follow the procedure applicable when an appeal or reply thereto is made from a judgement of the Court of Magistrates (Gozo) sitting in its inferior civil Jurisdiction to the extent that such procedure is not in conflict with the Act or with these rules. 15.4. The Registrar of Courts shall within four days from when an appeal is entered in the Registry of the competent Court of

Appeal, notify in writing the Secretary of the Tribunal which gave the decision, of the filing of such an appeal. The Secretary shall, on receipt of such notification, transmit within four days the records of the case to the Registrar.

Rule 16 - General 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.

16.2. Without prejudice to these rules and in conformity with the Act an Arbiter may give any order which he considers to be fair and necessary for the swift and effective settlement of any dispute before him. 16.3. An Arbiter may on the terms which he considers to be fair to all parties, in individual cases only and not generally to a number of unrelated cases.

16.3.1. shorten any time-limit set by these rules; or 16.3.2. extend any time-limit set by these rules, only in exceptional circumstances: Provided that where a time-limit has been extended, due justification thereof is provided by the arbiter in the decree. 16.4. An Arbiter may correct an accidental error or omission in a decision, and may furthermore add provisions on expenses, interests or anything else that was not, but should have been adjudicated on.

16.5. The Secretary shall assist any person who seeks assistance in completing any forms under these rules or in making any application to the Tribunal in accordance with these rules. 16.6. The provisions of the Code of Organization and Civil

Procedure shall apply only to the extent that they are not inconsistent with the provisions of the Act or these rules.

16.7. If a case before a court is transferred to a Tribunal following a request by the parties made in accordance with the Act, in such an instance that case shall not be referred to the Director

General or to the registered consumer association, as the case may be, in accordance with the provisions of article 23(4), and the Secretary shall proceed to schedule the case for a hearing on a date not being later than three weeks from when the case was transferred to the Tribunal. This rule shall also apply to any counterclaims made before a Tribunal.

Rule 17 - Other Rules about Service 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. 17.2. If service cannot be effected in any of the foregoing manners stated in this rule, the Arbiter shall then order that service be made by directing that a summary of such notice or document be published in the Gazette and at least one daily newspaper and by any other means which he may consider suitable.

17.3. Service may be effected by Tribunal officers, officers of the Post Office in conformity with postal regulations or by executive officers acting under the direction of the Registrar of Courts at the request of an Arbiter or the Secretary. Rule 18 - Fees and Expenses 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. 18.2. The Tribunal shall in its award tax -

18.2.1 any fees that may be due to advocates, legal procurators or any other person assisting a party before the Tribunal, and 18.2.2 any fees that may be due to a technical expert, in accordance with the provisions of the Code and any rules made thereunder about the payment of fees due respectively to advocates, legal procurators or any other person assisting a party before a court and to technical experts, to the extent that the taxation of such fees is not in conflict with the Act or these rules. 18.3. The provisions of the Code relating to the fees payable in the Registry of the Court of Appeal where a party is filing an appeal or a reply to an appeal from a decision of a Tribunal, shall apply to the extent that they are not in conflict with the Act or these rules. Rule 19 - Use of Forms 19.1. The forms in the Second Schedule shall be used in accordance with these rules and the instructions on the respective forms. 19.2. The Secretary may refuse to accept a document for filing unless it is:

19.2.1. in the form required by these rules, or 19.2.2. completed according to the instructions on that form. FIRST SCHEDULE

TARIFF A Substituted by: L.N. 284 of 2000; L.N. 425 of 2007. Amended by: L.N. 30 of 2011; Substituted by: XLIV.2021.24; XXIV.2023.10.

Fees payable in the Registry of a Tribunal