Case study 4 - commercial law - contract - Malta

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In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations:

Case A – National situation: A company delivered goods worth 20.000 euros. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed.

The seller decides to sue to obtain the full payment of the price.

Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20.000 euros to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.


Costs of proceedings


Costs in Malta

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

€ 680.16

N/A

€ 195.65

N/A

N/A

N/A

Case B

€ 680.16

N/A

€ 195.65

N/A

N/A

N/A



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

YES

Lawyer: €681.53

Legal procurator: €227.18

Not compulsory

N/A

N/A

NO

N.A

Case B

YES

Lawyer: €681.53

Legal Procurator: €227.18

Not compulsory

N/A

N/A

No

N/A



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

NO

N/A

Precautionary warrant against the debt indicated

€ 46.59

N/A

N/A

Case B

NO

N/A

Precautionary warrant against the debt indicated

€ 46.59

N/A

N/A



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percent-age in general?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

NO

N/A

N/A

YES

Depends on the outcome of the judgement

Private consultation with the lawyers (extra-judiciary costs)

N/A

Case B

NO

N/A

N/A

YES

Depends on the outcome of the judgement

Private consultation with the lawyers (extra-judiciary costs)

N/A



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under which conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

When only one of the parties is English speaking

€ 34.94

Applies only when a witness is neither Maltese nor English speaking

Between €11.65 and €58.23 / hour

Costs incurred notifying the party residing abroad

Depends on the fees charged by other member states.

Case B

When only one of the parties is English speaking

€ 34.94

Applies only when a witness is neither Maltese nor English speaking

Between €11.65 and €58.23 / hour

Costs incurred notifying the party residing abroad

Depends on the fees charged by other member states.



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Last update: 11/06/2019