1940s’ fees for witnesses

A long outstanding issue that is rarely mentioned is the compensation due to a witness in civil law suits. At present such compensation is regulated by the Witnesses (Fees) Ordinance (Chapter 108 of the Laws of Malta). According to this law a person called as a witness can claim from the party summoning him/her to give evidence up to a maximum of 70 cents, which fee varies according to the profession or trade of the witness. In addition the person in question can claim travel expenses and if a sitting is held in the afternoon an additional 12 cents per hour or part thereof.

These fees may have been reasonable when they were made way back in 1940 but are certainly not in 2011. For some unknown reason these fees have not been revised in line with current realities and obviously no one bothers to make any claim for compensation on the basis of these outdated fees.

It is clearly high time that the fees are revised and people made aware of their right to claim compensation. While it is the right of litigants to be able to call upon witnesses in support of their case, it is equally right that people called as witnesses are adequately compensated for their time and possible loss of earnings.