Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
October 15, 2004

Proceedings in court

Starting proceedings in the civil division of the High Court

Under the new Civil Procedure Rules (CPR2000), proceedings are started in court either by a claim form (Form 1) or a fixed date claim form (Form 2). These are prescribed forms that are included in (CPR2000). Other matters pertaining to a case that is not yet started or is already in court may be brought before the court by way of applications on the Form 6. Proceedings could also be started under any enactment with its own rules; for example divorce is started by way of petition under the Matrimonial Causes Act. {{more}}

Most proceedings in the civil courts are started by claim forms (under the old rules it was a writ of summon) and for that reason I will start with the procedures in relation to a claim form.

The claimant must file an original copy and a copy for sealing of the claim form in the court office. Other copies may be provided for the court’s stamp. The claim form must include information as to where service of documents will be accepted on behalf of the claimant. The name, address, telephone and fax number of the legal practitioner must be included if the claimant is represented. He must state briefly the nature of his claim and any specific amount or the remedy he is seeking. A statement of claim may only be filed afterwards in special circumstances. The claim form may be accompanied by an affidavit or other document if a practice direction requires it. A certificate of truth sworn to by the claimant or the legal practitioner must accompany the statement of case. The legal practitioner must certify that he was instructed by the client to sign and he must give the reasons why the client did not sign the certificate of truth.

The claim form receives the seal of the court and is thereafter served with copies of acknowledgement of service and defence forms by a process server upon the defendant. The defendant must within 14 days (28 days outside the jurisdiction) file the acknowledgement of service with a statement of intention to defend if he opposes the claim. He can admit and indicate intention to settle.

After the acknowledgement of service is filed, the court office informs the claimant of its receipt. Failure of the defendant to acknowledge service would give the claimant the right to request a default judgment. After the defendant acknowledges service he must follow up with a defence.

A defence (with a counter-claim if appropriate) is due within 28 days of the service of the claim form (42 days outside the jurisdiction). Failure to file a defence will lead to an award of default judgment to the claimant. The claimant must apply to the court for a default judgment. The application is granted if the claimant could show that the claim form was served on the defendant and the time for service has expired. An affidavit from the process server to attest to the fact that the defendant was served the claim form must be filed. The Registrar of the High Court grants orders for default judgments.

Four to eight weeks after the defence is filed the case is placed before the Master for case management. Depending on the complexity of the case, further case management may be ordered. The Master, in the presence of counsel and the parties, would fix a date for trial. He would also decide on the length of the trial and the number of witnesses. The case is thereafter listed for trial.

  • FacebookComments
  • ALSO IN THE NEWS
    Carlos James, reaffirms his commitment to North Leeward at Rose Hall meeting
    News
    Carlos James, reaffirms his commitment to North Leeward at Rose Hall meeting
    Webmaster 
    November 6, 2025
    Carlos James, the Unity Labour Party’s North Leeward candidate to contest the November 27, 2025 general elections, told supporters on Tuesday night th...
    34th homicide recorded in SVG for 2025
    Breaking News, News
    34th homicide recorded in SVG for 2025
    Webmaster 
    November 5, 2025
    Shem Walker, a 25 year old Stubbs man was shot and killed in Akers today sometime around 3 p.m. Reports are that Walker was in a white Toyota Vitz, PA...
    ULP, NDP sign Code of Conduct for 2025 General Elections
    News
    ULP, NDP sign Code of Conduct for 2025 General Elections
    Jada 
    November 4, 2025
    Director of the Institute of Governance and Politics of Latin America and the Caribbean Augustine Ferdinand and Chairman of the New Democratic Party D...
    Walters receives lively send off
    Front Page
    Walters receives lively send off
    Webmaster 
    November 4, 2025
    Former parliamentarian and government minister, Selmon Walters was laid to rest on Saturday, November 1, 2025 after a lively home-going service at the...
    Dr Gonsalves calls for vigilance from ‘Labour Warriors’
    Front Page
    Dr Gonsalves calls for vigilance from ‘Labour Warriors’
    Webmaster 
    November 4, 2025
    Leader of the governing Unity Labour Party (ULP), Dr. Ralph Gonsalves has called on supporters of the party to be vigilant in this heightened campaign...
    Front Page
    Dr Friday spells out promises once NDP elected
    Webmaster 
    November 4, 2025
    Two VAT-free (Value Added Tax) shopping days; a one-time 50 percent concession on vehicle duties for public servants with 10 or more years of service;...
    News
    Carlos James, reaffirms his commitment to North Leeward at Rose Hall meeting
    News
    Carlos James, reaffirms his commitment to North Leeward at Rose Hall meeting
    Webmaster 
    November 6, 2025
    Carlos James, the Unity Labour Party’s North Leeward candidate to contest the November 27, 2025 general elections, told supporters on Tuesday night th...
    34th homicide recorded in SVG for 2025
    Breaking News, News
    34th homicide recorded in SVG for 2025
    Webmaster 
    November 5, 2025
    Shem Walker, a 25 year old Stubbs man was shot and killed in Akers today sometime around 3 p.m. Reports are that Walker was in a white Toyota Vitz, PA...
    ULP, NDP sign Code of Conduct for 2025 General Elections
    News
    ULP, NDP sign Code of Conduct for 2025 General Elections
    Jada 
    November 4, 2025
    Director of the Institute of Governance and Politics of Latin America and the Caribbean Augustine Ferdinand and Chairman of the New Democratic Party D...
    Teen who stole from Massy while wearing stolen Corea’s shirt on remand
    From the Courts, News
    Teen who stole from Massy while wearing stolen Corea’s shirt on remand
    Webmaster 
    November 4, 2025
    A teenager, who stole a Corea’s shirt from someone’s clothes line, and wore it in Massy Stores where he allegedly stole more than $100 worth of items ...
    Man remanded for  beating his baby’s mother
    From the Courts, News
    Man remanded for beating his baby’s mother
    Webmaster 
    November 4, 2025
    A young man who beat his baby’s mother in her face with a stick, and struck her brother while he was defending her, was remanded pending sentencing. J...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok