Last Updated: October 30, 2014

Eastern Caribbean Supreme Court The achievement of professionalism and excellence in the timely,effective and efficient access to, and administration of a cohesive, independent and accountable system of justice for the benefit of its Member States.”

It has been said in many quarters, and I agree, that the introduction of the Civil Procedure Rules 2000 has positively impacted civil practice in all jurisdictions in our Member States and Territories for all the stakeholders – the judiciary, practitioners and litigants. A validation of this view could be had from a comparative analysis and examination of the effectiveness and efficiency levels of the civil practice in other jurisdictions operating under the old or dissimilar civil procedure regimes, or put simply, those who continue to operate using the old rules. Although the disposition time of matters in the civil jurisdiction has been reduced since the introduction of these Rules, has it been significant enough? Has the backlog been effectively addressed? Are the Rules being applied as they should? Are there other factors contributing to the backlog? Has the Court been sufficiently equipped and otherwise resourced to mitigate or ameliorate against those other factors? These questions continue to be the subject of much debate. Some argue that any current backlog is more a consequence of the increase in civil litigation coupled with a disproportionate lack of human and other resource issues rather than problems inherent in the civil procedures or the manner in which the rules are to be applied. A number of these matters are not directly within the Court’s control. I assure you that the Court continually assesses and seeks to find ways to implement more effective court management techniques to enhance its efficiency.

(Excerpt from the Chief Justice’s Address, Opening of the Law Year, 2014

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RECENTLY POSTED JUDGMENTS

29.10.2014

The Attorney General of Saint Lucia v Kaim Sexius

SLUHCVAP 2012/0034
Blenman, JA
Delivered: 27/10/2014
Civil appeal – Defendant’s right to pre-trial silence – Disclosure – Adverse inferences – Constitutionality of ss. 909 and 912(1) of Criminal Code and rule 11.1(3)(c) of Criminal Procedure Rules – Defence statement to be given to prosecutor prior to commencement of trial pursuant to s. 909 of Criminal Code – Possibility of adverse inferences being drawn pursuant to s. 912(1) of Criminal Code if defendant fails to provide defence statement – Whether fundamental rights of defendant provided by s. 8 of Constitution violated by ss. 909 and 912(1) of Criminal Code and rule 11.1(3)(c) of Criminal Procedure Rules – Whether learned judge erred in concluding that ss. 909 and 912(1) of Criminal Code together with rule 11.1(3)(c) of Criminal Procedure Rules were incompatible with section 8(1) of Constitution – Whether learned judge erred in not exercising her discretion to sever offending aspects of ss. 909 and 912(1) of Criminal Code and rule 11.1(3)(c) of Criminal Procedure Rules

Denys Barrow v The Attorney General of Saint Lucia

SLUHCVAP 2013/0001
Kentish-Egan, JA [Ag]
Delivered: 27/10/2014
Civil appeal – Judicial review – Interpretation of ‘pensionable circumstances’ within section 3(1) of the Eastern Caribbean Supreme Court (Rates of Pension) (Judges) Act – Whether section 3(1) of the Eastern Caribbean Supreme Court (Rates of Pension) (Judges) Act entitles a judge to be paid a pension on retirement as a judge having served in the public service of Saint Lucia for less than 10 years – Applicability of rule in Pepper v Hart – Legitimate expectation – Whether a judge has a legitimate expectation that a pension would be paid to him upon retirement at age 56 based on previous practices of the Judicial and Legal Services Commission – Pensions Act – Pensions Regulations – Supreme Court (Salaries, Allowances and Conditions of Service of Judges) Order

Joseph Horsford v Geoffrey Croft

ANUHCVAP 2014/0006
Blenman, JA
Delivered: 22/10/2014
Civil appeal – Interlocutory appeal – Whether statements made in witness statements were irrelevant and scandalous – Whether the learned master was correct in striking out statements as irrelevant and scandalous – Whether learned master exercised discretion wrongly

Glenford Rolle v Stephen Lander

DOMHCVAP 2013/0025A
Baptiste, JA
Delivered: 20/10/2014
Interlocutory appeal – Default judgment – Failure to file acknowledgement of service or defence on time – Wrong ‘notes for defendant’ attached to claim form served on appellant/defendant in court below – ‘Notes for defendant’ pertained to fixed date claim rather than general claim – Whether claim ought to have been treated as fixed date claim as a result – Whether appellant/defendant prejudiced by inclusion of wrong notes

NEWS AND UPDATES

22.10.2014

Eastern Caribbean Supreme Court ( Sittings of the Court) Rules, 2014

2014                          SUPREME COURT                                  S.I. 5

                 COMMONWEALTH OF DOMINICA

            STATUTORY INSTRUMENT NO. 5 OF 2014.

Made by the Chief Justice and two other judges of the Supreme
      Court under section 17 of the Supreme Court Order 1967,
      (Chap. 4:01).

                                              (Gazetted September 18th, 2014.)


16.10.2014

Mr. Anthony Gonsalves Appointed Queen’s Counsel

Barrister-at-Law. residing in Frigate Bay. In Our State of St. Christopher and Nevis, if Our especial grace. certain knowledge and mere motion have thought it fit to constitute and appoint and by these Presents…


13.10.2014

Vacancy Notice – High Court Judge

EASTERN CARIBBEAN SUPREME COURT
VACANCY NOTICE
Suitably qualified applicants are invited to fill the position of:
HIGH COURT JUDGE


Vacancy Notice – Master

VACANCY NOTICE
Suitably qualified applicants are invited to fill the position of:
MASTER
To serve in any island of the Eastern Caribbean
where the Court presides.

SITTINGS

30.10.2014
- High Court Cause List
Cause List – 28th, 30th, 31st October 2014 – Justice Pearletta Lanns - New

- High Court Cause List
Cause List – 4th to 7th November 2014 – Justice Pearletta Lanns - New

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