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 2002 ; Legal Notice 425 of 2007 ; and Act IV of 2016 .
Short title. 1. The short title of this Act is the Small Claims Tribunal Act.
Interpretation. 2. In this Act, unless the context otherwise requires - 
"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 Or ganization 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. 2002.227;  
L.N. 425 of 2007;  
IV . 2016.26.3.(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 o f an 
amount not exceeding five thousand euro (€5,000):
Provided that, in determining the sum referred to in this 
subarticle, no account shall be taken of fees and costs relativ e 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 five thousand euro (€5,000).
(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 t he 
sittings in the Island where the person against whom the claim is 
made has his ordinary residence*.
*See Legal Notice 142 of 1995.
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(5) Causes involving questions of ownership of immovable 
property, or relating to easements, burdens or other rights ann exed 
to such property, even though the claim does not exceed five thousand euro (€5,000), and causes of ejectment or eviction fro m 
immovable property shall not fall within the jurisdiction of th e 
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 s hall 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 shal l 
not be qualified to be appointed as Adjudicator unless he has practised as an advocate in Malta for a period or periods amoun ting 
in the aggregate to not less than seven years.
(3) A person shall be disqualified to be appointed adjudicator i f 
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, t hen, 
until a person has been appointed and has assumed the functions  of 
that office, then, until a person has been appointed and has as sumed 
the functions of that office, those functions shall be performe d by 
any other Adjudicator in office or by such other person qualifi ed 
for appointment as Adjudicator as may be appointed to act as 
Adjudicator by the President acting in accordance with the advi ce 
of the Prime Minister. Such person shall continue to act for th e 
period of his appointment or, if no such period is specified, u ntil his 
appointment is revoked by the President acting in accordance wi th 
               SMALL CLAIMS TRIBUNAL          [CAP. 380.       3
the advice of the Prime Minister.
(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 fr om 
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 an d 
proof of the inability or misbe haviour 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 amongs t 
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 befor e the 
Attorney General an oath to examine and decide the cases brough t 
before him without delay, with impartiality and equity accordin g 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. 2002.228;  
L.N. 425 of 2007;  
IV . 2016.27.  
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(9) of the 
Code of Organization and Civil Procedure . Such 
appeal shall be entered by an application to be filed within tw enty 
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 
 4        CAP. 380. ]                   SMALL CLAIMS TRIBUNAL 
according to law and such action has prejudiced the 
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 one  thousand and five hundred euro (€1,500).
(4) Where the Court of Appeal finds that the grounds for appeal 
are justified it shall quash the decision of the Tribunal and s hall 
itself determine the original claim and counter-claim in accord ance 
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 applic ant to 
pay a penalty which shall not be less than two hundred and fift y 
euro (€250) and not exceeding on e thousand and two hundred and 
fifty euro (€1,250).
 
 
 
 
 
 
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.  
Amended by:  
IV . 2016.28.9.(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, as far as possible, heard 
summarily and decided ex tempore  on the same day of 
the hearing and that the hearing shall not take longer than one sitting:
Provided that if a party wishes to appeal from the decision, notice shall be given to the adjudicator at the 
time the decision is given:
Provided further that the adjudicator shall on the same 
day when the decision is given deliver a written copy of the ex tempore  decision containing the reasons for 
the decision to the Registrar;
(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 suf ficiently 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
               SMALL CLAIMS TRIBUNAL          [CAP. 380.       5
(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 thereund er.
Costs and 
enforcement.  
Amended by:  
XII. 1998.3;  
VI. 2001.27;  
XXXI. 2002.229;  
L.N. 425 of 2007.10. (1) In any award the adjudicator shall determine the costs 
that any of the parties is to bear. Unless special circumstance s 
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 payme nt 
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 two hundred and thirty-two euro and ninety-four cents  
(232.94), 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 again st 
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 regulati ons 
may also designate such officers as may be necessary for the op eration 
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 ma de 
under this article.
Duties of Registrar. 12. (1) The Registrar shall be responsible for the running of 
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 
 6        CAP. 380. ]                   SMALL CLAIMS TRIBUNAL 
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;
 
 
 
 
 
 
 
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 her eof 
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 c arried 
out in such manner as is provided for the service of judicial a cts 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.