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
January 25, 2013

Adjournments and errors

There are many times when you have your matter in court set for a particular date, but when you turn up the matter cannot be heard.Do not despair, because matters may be adjourned for various reasons. You will still have your day in court. {{more}}

 
Adjournments

There are many reasons for adjournments and it must be understood that there are many players in each matter. Each person is vital to the case and must be present at the hearing. The persons who are vital to the case are the judge, the claimant and his lawyer, the defendant and his lawyer and witnesses, where necessary.

The judge may adjourn for any good reason, such as illness, if any one of these persons cannot be in court on the date on which the matter is heard. If a courtroom is not available, the matter may likely be adjourned. In adjourning the matter, the judge will fix the matter for the next available court date, but this could be the next week or several weeks after. The person who is absent has a right to inform the court and the other party, if he will be absent. The other person involved has a duty to turn up in court so as to receive the adjourned date. Non-appearance without an excuse could cause the case to go against the defendant. The other side that is present could ask the court to hear the matter ex parte (without the defendant). The plaintiff, too, can have his matter thrown out for want of prosecution, especially if he is consistently absent.

Two errors

Claim No. HCVAP 2012 /026 Stanford International Bank Limited (Liquidator) v Robert Allen Stanford exhibits two errors outside the case which had consequences for the case itself. The matter is an interlocutory matter (not the substantial matter). In that matter, a judge granted leave to the appellant liquidator to serve court proceedings on one of the respondents out of the jurisdiction. The respondent objected and filed an application, along with affidavits and submissions. When the matter was heard, to set aside the order to serve documents out of the jurisdiction, the judge was unaware that the liquidators had filed affidavits and submissions. He mentioned in his ruling that the liquidator had not opposed the application. This statement in the judgment brought the issue to the attention of the liquidator. Actually the filed documents were not placed on the court file by the Registry staff, so there was none for the judge to consider.

The second judge gave his ruling some six months after the hearing of the matter and he claimed that the file was not available, as the registry staff could not find it. Even after the file turned up, it still did not have the missing affidavits and submissions.

The judge in the third hearing decided that there was no fairness because of what transpired. The second ruling was therefore set aside and the first, which ordered the service outside the jurisdiction, was restored. The trial judge also ruled that there should a rehearing of the matter. Errors may occur, but they could be corrected at some time. If they are not corrected, then there could be a miscarriage of justice.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Villa woman in  hospital after being stabbed over 20 times
    Front Page
    Villa woman in hospital after being stabbed over 20 times
    Webmaster 
    September 9, 2025
    Police are said to be carrying out investigations into the stabbing of Rafia Sardine, a 20-year-old female of Villa. Reports are that Sardine, a FLOW ...
    RSVGPF most hacked of gov’t agencies
    Front Page
    RSVGPF most hacked of gov’t agencies
    Webmaster 
    September 9, 2025
    In St Vincent and the Grenadines (SVG), an analysis has found that the most hacked government entity was the Royal St Vincent and the Grenadines Polic...
    Event staged locally to mark Africa/ Caricom Day
    Front Page
    Event staged locally to mark Africa/ Caricom Day
    Webmaster 
    September 9, 2025
    Leaders of Governments and institutions from countries of the Caribbean Community (CARICOM), and the continent of Africa, gathered at the weekend for ...
    PM, proud of his constituents
    Front Page
    PM, proud of his constituents
    Webmaster 
    September 9, 2025
    Prime Minister, Dr Ralph Gonsalves, is proud of the persons in his constituency who continue to aim for higher education. Dr Gonsalves is the parliame...
    Van conductor to be sentenced for beating pregnant ex-girlfriend
    Front Page
    Van conductor to be sentenced for beating pregnant ex-girlfriend
    Webmaster 
    September 9, 2025
    A van conductor, who beat his five- months pregnant ex-girlfriend after she refused to get back with him, has been remanded pending sentencing. Onez J...
    King selected again for the ULP in West St George
    News
    King selected again for the ULP in West St George
    Webmaster 
    September 9, 2025
    To the haunting timeless reggae melody of Jimmy Cliff’s classic ‘Journey’, Curtis King, who was selected as the candidate for the Unity Labour Party (...
    News
    King selected again for the ULP in West St George
    News
    King selected again for the ULP in West St George
    Webmaster 
    September 9, 2025
    To the haunting timeless reggae melody of Jimmy Cliff’s classic ‘Journey’, Curtis King, who was selected as the candidate for the Unity Labour Party (...
    Steel wielding Lowman’s Hill man to be sentenced tomorrow
    From the Courts, News
    Steel wielding Lowman’s Hill man to be sentenced tomorrow
    Webmaster 
    September 9, 2025
    A Lowman’s Hill man who struck another villager in his head with a piece of steel will know his fate tomorrow, September 10, 2025. Kevin Roberts, 25, ...
    Minister of Information Technology  emphasises the importance of Cybersecurity
    News
    Minister of Information Technology emphasises the importance of Cybersecurity
    Webmaster 
    September 5, 2025
    Robust cybersecurity must be at the heart of the digital transformation that is currently taking place in St Vincent and the Grenadines (SVG) says Min...
    Entities team up to boost disaster communication capacity
    News
    Entities team up to boost disaster communication capacity
    Webmaster 
    September 5, 2025
    The Climate Change Resilience Network (CCRN) in collaboration with the Youlou Radio Movement (YRM) recently embarked on a disaster preparedness initia...
    Ministry of Health to get more dialysis machines
    News
    Ministry of Health to get more dialysis machines
    Webmaster 
    September 5, 2025
    The Ministry of Health, Wellness and the Environment, is to obtain three more Heamodialysis machines as part of the revolution in the healthcare secto...

    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