Part 2 – Application and Interpretation of these Rules

Citation 2.1

1. These Rules may be cited as the EASTERN CARIBBEAN SUPREME COURT CIVIL    PROCEDURE RULES 2000.
2. A reference to a rule as CPR 2.7 or rule 2.7 is a reference to a rule so numbered in these Rules.

Application of these Rules 2.2

1. Subject to paragraph (3), these Rules apply to all civil proceedings in the Eastern Caribbean Supreme Court in any of the Member States or Territories.
2. In these rules “civil proceedings” include Judicial Review and applica­tions to the court under the Constitution of any Member State or Territory under Part 56.
3. These Rules do not apply to the following–
   1. family proceedings;
   2. insolvency proceedings (including winding up of companies);
   3. non-contentious probate proceedings;
   4. proceedings when the High Court is acting as a prize court; or
   5. any other proceedings in the Supreme Court instituted under any enactment, in so far as Rules made under that enactment regulate those proceedings, except that Part 62 shall apply to sub-paragraphs (a) and (b) and criminal appeals, to the extent that the Court of Appeal Rules 1968 are silent as to procedure in respect of criminal appeals.
4. Notwithstanding paragraph (3) (d) these Rules apply to proceedings when the High Court is acting as a prize court in St. Vincent and The Grenadines

Application of Interpretation Acts

2.3

The Interpretation Act of the Member State or Territory where a claim proceeds applies to the interpretation of these Rules in those proceedings.

Definitions

2.4

In these Rules, unless otherwise provided for or the context otherwise requires –

“ADR procedure” means any procedure for alternative dispute resolution including, in particular, mediation;

“ancillary claim” has the meaning given in rule 18.1;

“ancillary claimant” has the meaning given in rule 18.1;

“ancillary defendant” and “second ancillary defendant” have the mean­ings given in rule 18.1;

“applicant” has the meaning given in rule 11.2;

“application” has the meaning given in rule 11.2;

“body corporate” means a company or other body corporate wherever or however incorporated, other than a corporation sole, and includes a limited company unless a rule otherwise provides;

“certificate of value” has the meaning given in rule 8.8;

“Chief Justice” includes, in relation to any period in which the office of Chief justice is vacant, the person for the time being performing the functions of the Chief Justice;

“circuit” means –

1. the Saint Christopher circuit; and
2. the Nevis circuit;

in the State of Saint Christopher and Nevis;

“claim” is to be construed in accordance with Part 8;

“claim form” is to be construed in accordance with Part 8;

“claim for a specified sum of money” means –

1. a claim for a sum of money that is ascertained or capable of  being ascertained as a matter of arithmetic and is recoverable under a contract; and
2. for the purposes of Parts 12 (default judgments) and 14 (judgment on admissions), a claim for –
   1. the cost of repairs executed to a vehicle;
   2. the cost of repairs executed to any property in, on or abutting a road; or
   3. any other actual financial loss other than loss of wages or other income;

claimed as a result of damage which is alleged to have been caused in an accident as a result of the defendant’s negligence where the amount of each item in the claim is specified and copies of receipted bills for the amounts claimed are attached to the claim form or statement of claim;

“claim for personal injuries” means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death;

“claimant” means a person who makes a claim and, in relation to any proceedings commenced before these Rules came into force, includes a plaintiff in an action or the petitioner or applicant in any proceedings commenced by petition, originating summons or motion;

“Constitution” means the Constitution of the relevant Member State or Territory; “court” means the High Court and, where the context so admits and in Part 62, the Court of Appeal;

“court office” refers to –

1. the place where documents are to be filed, etc. and includes a Registry of the High Court and of the Court of Appeal; and
2. members of the court staff who carry out work of a formal or administrative nature under rule 2.6(1);

“Crown” for the purpose of these Rules includes the Commonwealth of Dominica;

“defendant” means a person against whom a claim is made and, in relation to proceedings commenced before these Rules came into force, includes  a respondent to any petition, originating summons or motion;

“external company” means any incorporated body of persons that is formed under the laws of a country other than a Member State or Territory;

“FAX” means the making of a facsimile copy of a document by the trans­mission of electronic signals;

“filing” is to be construed in accordance with rule 3.7;

“fixed date claim form” is a claim form in Form 2 upon which there is stated a date, time and place for the first hearing of the claim.

“Hague Convention” means the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at The Hague on November 15, 1965;

“judge” –

1. includes the Chief justice and, in the case of Part 62, a judge of the Court of Appeal; but
2. does not include a master except where required by the context;

“judgment creditor” has the meaning given in rule 43.1;

“judgment debtor” has the meaning given in rule 43.1;

“jurisdiction” means the jurisdiction of the court as extending throughout the Member States and Territories and any part of their territorial waters;

“legal practitioner” includes a Queen’s or Senior Counsel, a barrister at law, a solicitor, an attorney at law and a notary royal;

“limited company” means a body corporate that is incorporated or contin­ued under the relevant legislation relating to companies in each Member State or Territory;

“master” means a master of the Eastern Caribbean Supreme Court;

“Member States” means –

1. Antigua and Barbuda;
2. Commonwealth of Dominica;
3. Grenada;
4. Saint Christopher and Nevis;
5. Saint Lucia; and
6. Saint Vincent and the Grenadines;

“minister with responsibility for foreign affairs”

includes in the case of a Territory the person within the Territory who has responsibility for the service of foreign process;

“minor” means a person who has not attained the age of majority in accordance with the relevant enactment of the appropriate Member State or Territory; “month” means a calendar month;

“next friend” has the meaning given by Part 23;5

“order” includes an award, declaration, decree, direction, or judgement;

“overriding objective” means the objective set out in rule 1.1;

“party” includes both the party to the claim and any legal practitioner on  record for that party unless any rule specifies or it is clear from the context  that it relates to the client or to the legal practitioner only;

“patient” means a person who by reason of mental disorder within the meaning of the relevant mental health legislation in the Member State or Territory where the proceedings are being conducted is incapable of managing his or her own affairs and in St. Lucia also includes a person to whom a curator has been given under the Civil Code (Cap.242);

“period for filing a defence” has the meaning given by rule 10.3;

“personal injuries” includes any disease and any impairment of a person’s physical or mental condition;  “statement of case” means –

1. a claim form, statement of claim, defence, counterclaim, ancillary claim form or defence and a reply; and
2. any further information given in relation to any statement of case under Part 34 either voluntarily or by order of the court;

“statutory rate of interest” means the rate of interest on judgment debts that may be prescribed for the time being under any relevant enactment of the appropriate Member State or Territory;

“summary appeal” is an appeal in accordance with rule 62.6; 1

“Supreme Court” means the Eastern Caribbean Supreme Court established under the West Indies Associated States Supreme Court Order 1967;

“Territories” means –

1. Anguilla;
2. Montserrat; and
3. the British Virgin Islands.

Who may exercise the powers of the court

2.5 

1. Except where any enactment, rule or practice direction provides oth­erwise the functions of the High Court may be exercised by –
   1. a master
   2. a registrar;
   3. a single judge of the court whether or not assigned to the Member State or Territory in which the proceedings are taking place;
   4. the Chief Justice; or
   5. the Chief Registrar; in accordance with these Rules and any practice direction made by the Chief Justice.
2. The functions of the Court of Appeal relating to –
   1. a procedural appeal;
   2. an application for leave to appeal;
   3. a summary appeal;
   4. the case management of an appeal including the giving of direc­tions relating to an appeal; and
   5. procedural applications (other than applications for leave to appeal); may be carried out by any one judge of the Court of Appeal.
3. The functions of the Court of Appeal relating to –
   1. applications for leave to appeal may also be carried out by the judge of the court below;
   2. the case management of an appeal including the giving of direc­tions relating to an appeal  may, where the Chief Justice directs, be carried out by a master or the Chief Registrar; and;
   3. procedural applications (other than applications for leave to appeal) may, where the Chief Justice so directs, be carried out by a master, the Chief Registrar or the registrar of the court below.
4. An appeal from a magistrate’s court may be heard by any 2 judges of the Court of Appeal.
5. All other functions of the Court of Appeal may be carried out by any 3 judges of the Court of Appeal.
6. The Chief Justice may by direction allocate the work of the court between judges, masters, the Chief Registrar and registrars.
7. The Chief Registrar may exercise any of the functions of a master.
8. Where –
   1. a trial has been commenced but not completed by a judge; or
   2. 1. the judge ceases to be a judge of the High Court;
      2. the judge dies or is incapacitated; or
      3. for any other reason it is impossible or inconvenient for the judge to act in the claim;any enactment or rule requires an application to be made to, or jurisdiction exercised by, the judge by whom a claim was tried; then if –

the Chief Justice may nominate some other judge to retry or  complete the trial of the claim or to hear any application.

Court staff

2.6

1. Where these Rules refer to an act being done by the court office or require or permit the performance of an act of a formal or administra­tive character, that act may be performed by a member of the court staff authorised generally or individually in writing by the Chief Justice.
2. Where these Rules expressly so provide, any other functions of the court may be carried out by a member of the court staff authorised in writing by the Chief Justice.
3. If a step may be taken by a member of the court staff –
   1. that person may consult a judge, master or registrar before taking the step; and
   2. that step may be taken by a judge, master or registrar instead of a member of the court staff.

Court’s discretion as to where, when and how it deals with cases

2.7

1. Claims, motions and petitions shall be heard in open court and  shall be in chambers except that –
   1. any hearing except the trial of an action may be conducted in chambers if the court so directs; and the court shall in each case decide whether the application is a proper on to be made in open court or by application in chambers, and may at or before hearing, it shall think fit, remove the same into open court or into chambers, as the case may be; and
   2. any proceedings may be heard in private, with the consent of the parties.
2. An order made in chambers shall have the same force an effect as an order made in open court, and the court sitting in chambers shall have the same power to enforce, vary, or deal with any such order, as if sitting in open court.
3. The court may order that any hearing be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication.
4. The court may give directions to facilitate the conduct of a hearing by the use of any electronic or digital means of communication or storage or retrieval of information, or any other technology it considers appropriate.

*“Action” has the meaning given to it by the Supreme Court Act.