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
    Bill for NIS gratuitous payment coming soon
    Front Page
    Bill for NIS gratuitous payment coming soon
    Forrest 
    March 3, 2026
    The government is expected to bring a Bill before the House of Assembly that on passage will allow the National Insurance Services (NIS) to make gratu...
    Public Service Union preparing for elections
    Front Page
    Public Service Union preparing for elections
    Forrest 
    March 3, 2026
    The Public Service Union (PSU), in preparation for its general elections, is informing its members and the wider public that the process is now offici...
    Visa Free travellers need ETA to enter United Kingdom
    Front Page
    Visa Free travellers need ETA to enter United Kingdom
    Forrest 
    March 3, 2026
    As of last Wednesday, February 25th,2026, Visa-free travellers going to the UK will need to obtain permission prior to their visit under the expansion...
    No more State adverts for Star Radio
    Front Page
    No more State adverts for Star Radio
    Forrest 
    March 3, 2026
    Opposition Leader Dr. Ralph Gonsalves, has appealed for support to keep Star Radio on the air. This appeal was made on his Wednesday morning February ...
    Some cruise calls cancelled, tourism vendors affected
    Front Page
    Some cruise calls cancelled, tourism vendors affected
    Forrest 
    March 3, 2026
    A port official said yesterday that the relevant authorities are working feverishly to address the cancellation of multiple P&O Cruises calls to Kings...
    West Indies Senior Men’s Team struck in India
    News
    West Indies Senior Men’s Team struck in India
    Forrest 
    March 3, 2026
    After two-time winners, the West Indies Senior Men’s Team were knocked out of the ICC Men’s T20 World Cup on Sunday, March 1st, 2026; their plans to h...
    News
    West Indies Senior Men’s Team struck in India
    News
    West Indies Senior Men’s Team struck in India
    Forrest 
    March 3, 2026
    After two-time winners, the West Indies Senior Men’s Team were knocked out of the ICC Men’s T20 World Cup on Sunday, March 1st, 2026; their plans to h...
    Regional journalists in Barbados for CDB press conference
    News
    Regional journalists in Barbados for CDB press conference
    Forrest 
    March 3, 2026
    The Caribbean Development Bank’s (CDB) vision and 10-year strategic direction, its 2025 performance and what’s ahead in 2026 is expected to be discuss...
    RSVGPF Officers complete Regional Community Policing Training in Barbados
    News
    RSVGPF Officers complete Regional Community Policing Training in Barbados
    Forrest 
    March 3, 2026
    The safety of our streets in St. Vincent and the Grenadines (SVG) is secured not only by patrols, but by the quality of the interaction between the of...
    CED opens registration for Risk Management Workshop
    News
    CED opens registration for Risk Management Workshop
    Forrest 
    March 3, 2026
    The Centre for Enterprise Development Inc. (CED) has opened registration for a Risk Management Workshop to be held on March 9, and 10, 2026 under the ...
    Cid honours excellence and integrity at annual awards ceremony
    News
    Cid honours excellence and integrity at annual awards ceremony
    Forrest 
    March 3, 2026
    On Friday, February 27, the Criminal Investigations Department paused its operational pace to recognize the officers and staff whose daily work streng...

    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