Public Information

The Registry of the Court of Appeal is located at the Headquarters of the Eastern Caribbean Supreme Court in Castries, Saint Lucia. It is the hub of the appellate process, and is headed by the Chief Registrar, Mrs. Kimberly Cenac-Phulgence; assisted by the Deputy Chief Registrar, Ms. Agnes Actie; two judicial clerks, three case managers and one registry clerk.

All documents filed in the sub-registries of the Member States and Territories of the Eastern Caribbean Supreme Court in relation to appeals are transmitted to the Registry where they are processed, managed and recorded. The Registry also provides administrative, legal and research support to the Court of Appeal and responds to inquiries from the judiciary, lawyers and the public

In greater detail, the functions performed by the Registry include the following:

• 	Schedules the hearing of applications and appeals
  	Schedules the sittings of the Court
  	Manages case flow
  	Monitors and manages the progress of cases through the system
  	Draws up and serves, via facsimile or mail orders, directions and certificates of result
  	Notifies parties and lawyers of the dates of hearing of appeals and applications; dates of case management conferences and dates of delivery of judgments
  	Distributes judgments to the relevant parties
  	Serves as liaison between Parties and the Court
  	Provides information on the status and disposition of matters
  	Maintains a computerized case management system
  	Prepares digests of sittings
  	Provides research assistance to the Judges

The Registry cannot perform or provide the following functions:

	Provide legal advice
	Recommend a certain lawyer to act on your behalf
	Tell you whether your matter will succeed
	Change an order once it has been made by the Court
	Allow you to speak with a judge, except at a hearing, regarding your matter
	Tell you what the decision of the Court will be, or give you an opinion of what it might be.

The need for judicial reform to address the problems of an overburdened legal-judicial system has given rise to new approaches to resolving disputes in a manner other than the traditional form of litigation.

Accordingly, the Eastern Caribbean Supreme Court Civil Procedure Rules introduced a system of case management making provision for the Court to actively manage cases by "encouraging parties to use the most appropriate form of Dispute Resolution including, in particular Mediation, if the Court considers that appropriate, and facilitating the use of such procedures."

1. What is Mediation?
2. What does Mediation offer?
3. What kind of disputes can be mediated?
4. Who are the Mediators?
5. How is a case referred to Mediation?
6. How long after the decision is made to use Mediation will a session be conducted?
7. Who should attend the Mediation?
8. What is the cost of Mediation?
9. Where is the Mediation held?
10. For further information

What is Mediation?
Mediation is a structured dispute resolution process where an impartial third party, the Mediator, meets with disputants in an effort to identify the issues, explore options and clarify goals, outside of a court environment.

The Mediator facilitates face-to-face meetings of the parties to assist them in reaching a mutually-acceptable agreement. Parties reach agreement freely, voluntarily and on the basis of informed consent. Mediation is assisted negotiation, and as the "process expert," the Mediator helps the parties negotiate efficiently and effectively.

Mediators, unlike Judges, do not decide cases or impose settlements. The Mediator's Role is to help the parties involved in a dispute to communicate and negotiate with each other, in a constructive manner, to gain a better understanding of the interests of all parties, and to find a resolution based on common understanding and mutual agreement in strict confidence.

Mediation is becoming very popular as a means of resolving disputes, since it is invariably less confrontational, is often simpler and thus cheaper and has the added benefit of being able to be decided by whatever means the parties to the mediation agree between them.



What does Mediation offer?
Mediation offers:

- An informal setting to conduct a session
- A trained & certified Mediator on the Register of Court-Connected Mediators
- A system in which the parties to the disputes have full say over the outcome of their dispute.
- A programme which is faster; as a result parties save both money and time.
- An opportunity for parties to face each other and discuss their dispute in good faith with intent to settle.
- An opportunity for relationships to be restored, maintained or rebuilt.
- An opportunity for parties to work together to decide on the outcome of their dispute, thereby making it more likely to keep the agreement.

If, at the end, an acceptable agreement cannot be reached, the parties are free to proceed to trial.



What kind of disputes can be mediated?
Almost all disputes can be mediated.
Examples:
- Landlord and Tenant
- Commercial contracts
- Wills and Estates
- Employment
- Land Disputes
- Debt Collection
- Personal Injury
- Family Disputes



Who are the Mediators?
Mediators are persons of diverse professional backgrounds with standing in the community, who have been specially trained. The Eastern Caribbean Supreme Court has a roster of trained Mediators.
The roster of Mediators may be obtained from:
- The High Court Office and/or
- The office of the Mediation Coordinator

How is a case referred to Mediation?
A case may be referred to Mediation at any stage of the proceedings:
- A Master or Judge may make an order referring any civil action filed in the Court to Mediation.
- The parties may by consent notify the Court that they wish to have their case referred to Mediation and in such case, the Master or Judge shall make a referral order
The Mediation will be conducted by a trained Mediator, approved to be on the Roster of Mediators for the Supreme Court. Parties may select a Mediator from the Roster of Mediators.
If the parties cannot agree on a Mediator, one will be appointed for them by a Judge or Master.

How long after the decision is made to use Mediation will a session be conducted?
Mediations will be conducted within forty five days of the Referral Order by the Judge or Master.



Who should attend the Mediation?
All parties must attend the Mediation session. If a party is represented by a lawyer, the lawyer may also attend. The lawyer can help the client work out the terms of the settlement.
A lawyer may not attend in place of a party.
Agreement/Settlement
1. At the end of the Mediation session the Mediator shall complete and lodge the notice of Outcome of Mediation with the Mediation Coordinator, for fling at the Court Office.
2. If there is an agreement resolving some or all of the issues in the dispute …
it shall be signed by the parties and the Mediator and lodged with the Mediation Coordinator for filing at the Court Office; and
within seven days after the agreement is signed the parties shall apply to the Court for an order in terms of the agreement and the Master or Judge shall make an order.

What is the cost of Mediation?
Court-connected mediation fees are regulated and set by the Court. A fee schedule may be obtained from the Mediation Coordinator.

Where is the Mediation held?
Mediation sessions will be conducted at a Mediation Office which is under the management and control of the Court.

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For further information please contact the Mediation Coordinator:

Anguilla: 264-497-2377

Antigua and Barbuda: 268-462-3929

Commonwealth of Dominica: 767-448-3127

Grenada: 473-440-2030/8847

Montserrat: 664-491-2129/4686

Saint Kitts and Nevis: 869-465-2009/2195

Saint Lucia: 758-457-3637

Saint Vincent and the Grenadines: 784-457-1220

Territory of the Virgin Islands: 284-494-3492/3423

The Legal Internship Programme at the Eastern Caribbean Supreme Court offers students, who have successfully completed the first year of Law School, a unique opportunity for professional growth and the development of practical skills.

The Programme, initiated in the early 1990s, is open to students of all accredited Law Schools. It is intended to provide another avenue by which students of Law Schools may pursue their Internship attachment with the Court, for the purpose of satisfying the requirements of their institution. It is envisaged that this Programme will assist students to acquire experience in, and knowledge of, the practical workings of the Court process, and of the Court’s role as the primary organ for the administration of justice in the Eastern Caribbean.

The Internship Programme was re-engineered in 2001, under the auspices of His Lordship, Chief Justice the Hon. Sir Dennis Byron. For the first time, a formal application process embodied the selection criteria for suitable candidates. Advertisements for two placements were lodged at the region’s Law Schools and a Judge of the Eastern Caribbean Supreme Court conducted interviews with all the applicants. Successful applicants were offered placements over three months.

Interns work eight-hour days, five days a week. Thus, other employment is not feasible.

The Programme
The Eastern Caribbean Supreme Court’s Legal Internship Programme immerses students in the heart of the appellate process. They perform a variety of tasks, all of which are expected to facilitate a clearer understanding of the legal profession. The Programme provides Interns with broad experience in numerous aspects of both the criminal and civil law. Interns work closely with the Chief Justice, Justices of Appeal as well as the Chief Registrar. Frequent and informal feedback is encouraged and is considered essential to an Intern’s duties.

During Internship, an Intern will be required to perform any or all of the following duties:

• Conduct research for the writing of judgments and rulings as directed by the Honourable Chief Justice, the Justices of Appeal and the Masters of the Court.

• Write legal opinions on issues, as directed by the Honourable Chief Justice, the Justices of Appeal, and the Masters of the Court.

• Participate in the administrative functions of the Court, by performing proofreading, editing and similar functions, and attending meetings whenever necessary.

• Attend sittings of the Court of Appeal, the High Court, the Masters Court and the Magistrates Court.

• Perform the functions of Clerk of Court at sittings of the Masters Court.

• Assist the Chief Registrar of the Court in the performance of her duties.

Opportunities
Participants usually find the Internship both interesting and educational. Interns gain familiarity with the structure of the Court and the way it functions. The Programme also enables participants to become familiar with the various internal offices, at the Headquarters, that support the Court.
Recent Interns have attended several Chamber Sittings, where the Court exercises its range of Case Management powers, and they also assisted in the collation of the digests for these Sittings. Interaction with the Chief Justice and the other Justices of Appeal was encouraged from the onset and increased markedly throughout the duration of their Internships.

Selection Criteria
The Internship Programme is intended to benefit two [2] students, over any given summer period. The Programme is open to students who are registered in a full time course of studies at all accredited Law Schools. Applicants are short-listed for interview, at a time and place to be determined by the Court.
Desirable qualities of Interns:
1. High intellectual development, including an ability to think clearly, speak articulately, and write cogently; some research experience is also desirable.
2. The capacity to absorb extensive information and to analyze, summarize, and draw conclusions.
3. Ability and willingness to participate in team work.
3. Capacity to undertake a variety of tasks as assigned.
4. Trustworthiness and discretion, maturity, and good judgment.
5. Intrinsic motivation and initiative.

Duration and Stipend
An Internship will be for a period of ten [10] weeks. To assist with the accommodation and other living expenses, the Intern will be paid a monthly stipend. Remuneration for the period of any part of a month worked will be calculated pro rata, and the Intern will be paid accordingly.

Application
Students wishing to apply for the Eastern Caribbean Supreme Court Legal Internship Programme must submit a type-written application. This must be accompanied by the names of two [2] references, as well as a current curriculum vitae.

Applications should be addressed to:

The Secretary
Judicial and Legal Services Commission
Eastern Caribbean Supreme Court
P.O. Box 1093
Castries
Saint Lucia, W.I.

Interested students who are attending a Law School in the Commonwealth Caribbean should submit their applications to the Principal of the School.

The forms listed below are the same forms found in the Appendix to the Civil Procedure Rules 2000 (CPR 2000).  They have been made available to allow for easier access by attorneys and the general pubic.  It is our hope that you, the user will find this addition to the Court’s website useful.

*Please note the following important points when using the forms:
1. Rule 3.10 (2) CPR 2000- Variation of a form may only be done if it is required by the circumstances of a particular case.

2. Rule 3.10 (3) CPR 2000- A form must not be varied so as to leave out any information or guidance which the form ….gives to the intended recipient.

• 3. Note Practice Direction No. 1 of 2008 - Court Documents- All forms must comply with this Practice Direction. 

• Civil
• Criminal

Form 1 - Claim form
Form 1A - Notes for Defendant
Form 2 - Fixed date Claim Form
Form 3 - Application to pay by Instalments
Form 4A - Acknowledgement of service of fixed date Claim Form
Form 4 - Acknowledge of service of Claim Form
Form 5 - Defence & Counterclaim
Form 6 - Application
Form 7 - Request for entry of Default Judgment
Form 8 - Request for Entry of Judgment on Admission
Form 9 - Ancillary Claim form
Form 10 - Listing Questionnaire
Form 11 - List of Documents
Form 12 - Witness summons
Form 13 - Notice to Non-party served with Order
Form 14 - Order for Oral Examination
Form 15 - Notice of Adjourned Examination
Form 16 - Financial Position Notice
Form 17 - Writ of Execution Against Goods
Form 18 - Writ of Possession
Form 19 - Writ of Delivery or Value
Form 20 - Writ of Specific Delivery
Form 21- Judgment Summons
Form 22 - Writ of Habeas Corpus
Form 23 - Notice of Appeal
Form 24- Certificate of Result of Appeal
Form 25 - Admiralty Claim In Rem
Form 27 - Warrant of Arrest Admiralty

The following forms are for use in criminal appeal matters.  They are found in the Appendix C of the Court of Appeal Rules 1968.

Criminal Form 1 - Criminal Form 1
Criminal Form 2 - Criminal Form 2

Condolences
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Acting Chief Justice Knighted
His Lordship, the Hon. Justice Brian George Keith Alleyne, SC, Acting Chief Justice of the Eastern Caribbean Supreme Court has been appointed (KCN) Knight Commander of the Most Distinguished Order of the Nation (Antigua and Barbuda).
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Crime, Violence, and Development
A Joint Report by the United Nations Office on Drugs and Crime and the Latin America and the Caribbean Region of the World Bank.
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Judge Byron Elected New President of the ICTR
The Eastern Caribbean Supreme Court congratulates the Rt. Hon Sir Dennis Byron who was elected President of the ICTR during its 17th Plenary Session on 21st May 2007.
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Judicial Committee (UK) set to go Digital
The Judicial Committee of the Privy Council (JCPC), located in Downing Street, is set to become the first Appeal Court in the UK to make use of digital technology.
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