Civil Procedure Rules (CPR) 2000

There are two types of laws: the substantive laws and the procedural laws (rules). Procedural laws, as the word suggests, tells us how to proceed with matters before the court. Our civil procedural rules were produced in the year two thousand and we are provided with guidance for most civil matters. There are some matters, such as family matters, that are not covered by the Rules.{{more}} We follow the English Matrimonial Causes Rules 1977 for family matters. We would continue to explain the CPR Rules in an effort to give you an understanding of the work of your lawyer.

Who can search a court file?

There are times when your lawyer or some other person might need to examine certain documents in a court file. It could be a claim form or a judgment or a notice of appeal. It could be a current matter or a matter that is completed. Part 3.14 of CPR Rules entitles a person who pays the required fees to inspect a file and take a copy of a claim form, a judgment or a notice of appeal. For other documents, the person seeking a copy would be required to get the leave of the court. However, the parties to the matter are not required to secure leave of the court to inspect or take a copy of a document. News reporters or your neighbour, unless he or she is a party to the matter, cannot obtain a court document such as an affidavit without the leave of the court.

Time

Time is of essence. This is an expression that is used generally, but is of significance in the law. Part 3 of the Rules deals extensively with the laws pertaining to time. It takes nothing for granted and even specifies the time when vacation of the court is taken. The Supreme Court has three vacation periods similar to that of the school system, namely around Easter, August and Christmas. The Easter vacation is roughly one week, starting on Holy Thursday and finishing on the Saturday after Easter Sunday; the Christmas vacation lasts from December 23 to January 10; the long vacation starting in August vacation lasts from August 1 to September 15. Vacation is a break from the normal schedule of court hearings. There is usually a meeting of judges and Registrars of the Eastern Caribbean Supreme Court at the headquarters in St. Lucia during the vacation.

Matters heard during the vacation

Matters are not generally heard in the vacation but where there is an urgent matter, the Court of Appeal would hear the appeal or an application and the High court would conduct a trial or hear an application. The party must make an application to the court for the matter to be heard.

The overriding objective of the court.

Our court system was designed to meet the need for justice. The Rules recognized the need to bring justice to the parties and with the overriding objectives it purports to deal justly with all parties concerned. To save expenses, cases must be done quickly. Moreover according to Part 1 consideration must be given to “the amount of money involved, the complexity of the issues and the financial ability of the parties.” There is no other institution in our society that has the power to deal with the grievances of the people as the court system and it has the power to deal fairly with the parties. If a party is not satisfied at the first instance he or she could proceed to the court of appeal.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com