The concept of equity as applied in the small claims tribunal

Abstract

The Small Claims Tribunal has developed to a very large extent and when one looks back at 1995, the date of its inception, and then back to the present, one finds thousands and thousands of cases. The nature of this Tribunal is different from the ones we are used to and the fact that it works principally in accordance with equity, adds to its uniqueness. This thesis deals with the relevance of the small claims tribunals. They are increasing in number and are being set up in several countries such as in Australia, Canada, Ireland, Israel, NewZealand, South Africa, Hong Kong, United Kingdom and the United States1• The tribunal does not work in accordance with equity in every country, but still, once it is a tribunal, it has specialised features. Chapter 1 examines how this concept of equity has developed over the ages, starting from the Greek philosophers and on to the English law concepts of equity, and then, how equity came to be applied in the Maltese small claims tribunal and in other areas like trusts. All the procedure of the Tribunal is enshrined in the Small Claims Tribunal Act and its Rules and this procedure falls under the umbrella concept of Equity. The procedure of the Tribunal lacks the formalities and the legal and procedural rigidity found in the ordinary courts. To give an example, rules such as the rule of best evidence which is essential in the law courts, does not apply in this tribunal. Chapter 2 then gives a broad overview of the procedure of the Small Claims Tribunal and from case-law it is evident, that the Adjudicators rely on Equity (fairness) which is a necessity in the workings of this Tribunal. This Equity can be felt on analysing the cases presented in this thesis. Chapter 3 analyses the procedure for Appeals, the role of the Court of Appeal(Inferior Jurisdiction) and the limited grounds on which an appeal from the Small Claims Tribunal may be filed. In the Conclusion, there are certain suggestions to improve the workings of this Tribunal and to be able to prevent or at least control abuses.