Case study 5 - commercial law - responsibility - Malta

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

Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer on-sells (and installs) the heater to a customer to equip his/her house. The house catches fire shortly thereafter. Every participant (heating equipment manufacturer, installer, end-customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies.

Case B – Transnational situation: A heating equipment manufacturer in a Member State B delivers heater to an installer in a Member State C. The installer on-sells the heater (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue in Member State A for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.


Costs of proceedings


Costs in Malta

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Case A

Minimum of €712.77 (depends also on the value claimed)

N/A

€ 195.65

N/A

Case B

Minimum of €712.77 (depends also on the value claimed)

N/A

€ 195.65

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

Depends on value claimed

Not compulsory

N/A

N/A

Not compulsory, but in this case highly probable

De-pends on value claimed

Case B

YES

Depends on value claimed

Not compulsory

N/A

N/A

Not compulsory but in this case highly probable

De-pends on value claimed



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

Not applicable because the value to be claimed is not quantified

N/A

N/A

N/A

Case B

NO

N/A

Not applicable because the value to be claimed is not quantified

N/A

N/A

N/A



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under what conditions is it applicable?

When is support total?

Conditions?

Case A

Legal aid is applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property.

N/A

N/A

Case B

Legal aid applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property.

N/A

N/A




Case

study

Reimbursement

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

YES

Depends on the outcome of the judge-ment

Private consultation with the lawyers (extra-judiciary costs)

N/A

Case B

YES

Depends on the outcome of the judge-ment

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