Last Updated: October 24, 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

24.10.2014

Treasure Bay (Saint Lucia) Ltd v The Gaming Authority et al

Claim No SLUHCV 2011/0456
Ramdhani, J [Ag]
Delivered: 25/09/2014
Judicial Review – Leave Granted to Commence Judicial Review Against Specific Parties – Fixed Date Claim Amended to include Additional Party – Additional Party a Minister in Cabinet – Claimant Uncertain Whether Cabinet of Minister Made Alleged Decision – Cabinet of Minister Already a Party – Whether Joinder of Minister Necessary
Judicial Review – Locus Standi – Permission and Trial Stage – Approach of the Court – Alleged Misconduct of Claimant – Alleged Improper Motive of Claimant – Premature Claim – Claim Lacking Merit – Whether Matters Affecting Standing or Giving Rise to Discretionary Bar to Relief.
Gaming Control Act of St. Lucia – National Lotteries Authority Act of St. Lucia – Statutory Definition of Lottery – Video Lottery Terminals – Whether Gaming Device – Whether Lottery or Gaming – Whether Caught by the Provisions of the Gaming Act.

Grenada Cooperative Bank Ltd v Valma Jessamy

Claim No. GDAHCV 2013/0313
Mohammed, J
Delivered: 06/03/2014

Dwight Cozier v Mark Brantley et al

Claim No. NEVHCV 2009/0180
Actie, M [Ag]
Delivered: 26/09/2014

Moorjani Caribbean Ltd v Ross University School of Medicine

Claim No. SKBHCV2013/0204
Actie, M [Ag]
Delivered: 20/10/2014

NEWS AND UPDATES

22.10.2014

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

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

24.10.2014
- High Court Cause List
Divorce List – 12th November 2014 – Justice Brian Cottle - New

- High Court Cause List
Chamber Hearing – 7th November 2014 – Justice Clare Henry - New

EVENTS

16.10.2014
High Level Meeing on the Role of the Judiciary in International Commercial Arbitration

[ October 23, 2014 to October 24, 2014. ] October 23 – 24, 2014 at the Bay Gardens Beach Resort & Spa, Saint Lucia. The Organisation of Americans States in Collaboration with the Judicial Education Institute of the Eastern Caribbean Supreme Court will be co hosting the Fourth High Level Meeting on “The role of the Judiciary in International Commercial Arbitration”…

PUBLICATIONS

08.04.2014
Joseph S. Archibald passing

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