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
    Two centuries highlight TBPO Softball weekend
    Sports
    Two centuries highlight TBPO Softball weekend
    Webmaster 
    May 28, 2026
    Centuries by Delano Woodley and Asquith Mapp on Sunday, May 17, were the highlights of the first full weekend of the 2026 National Lotteries Authority...
    Two selected for Youth Table Tennis championships in T & T
    Sports
    Two selected for Youth Table Tennis championships in T & T
    Webmaster 
    May 28, 2026
    Joshua Simmons and Juvante Baptiste have been selected by the St Vincent and the Grenadines Table Tennis Association (SVGTTA), to compete in the Silve...
    Press Release
    Seventeen in Inter- Primary Schools Development Cricket Competition
    Webmaster 
    May 28, 2026
    Seventeen primary schools from across St. Vincent and the Grenadines (SVG) will from Wednesday, May 27, participate in the 2026 edition of the Inter-P...
    Press Release
    Ambassador Jackson presents her credentials in Cuba
    Webmaster 
    May 28, 2026
    Ambassador of St Vincent and the Grenadines (SVG) to the Republic of Cuba, Angella 'Idesha' Jackson, earlier this month presented her credentials to C...
    Statement on the Passing of Sir Aziz Hadeed KCMG, CBE
    Press Release
    Statement on the Passing of Sir Aziz Hadeed KCMG, CBE
    Jada 
    May 25, 2026
    The UWI Five Islands Campus, Antigua and Barbuda, Saturday, May 23, 2026 — The following statement is issued by The University of the West Indies Five...
    CELEBRATION OF INDIAN ARRIVAL DAY 2026
    Press Release
    CELEBRATION OF INDIAN ARRIVAL DAY 2026
    Jada 
    May 25, 2026
    Kingstown – Mr. Junior Bacchus, President of the SVG Indian Heritage Foundation (SVGIHF) , along with all Executive members, supporters, and friends o...
    News
    Public servants were fettered under ULP, says PM Friday
    News
    Public servants were fettered under ULP, says PM Friday
    Webmaster 
    May 22, 2026
    PUBLIC SERVANTS under the Unity Labour Party (ULP) administration were not given the freedom to do their jobs property, Prime Minister (PM) Dr. Godwin...
    Former PM thanks God that NDP didn’t boycott Spiritual Baptist Bill
    News
    Former PM thanks God that NDP didn’t boycott Spiritual Baptist Bill
    Webmaster 
    May 22, 2026
    FORMER PRIME MINISTER and Leader of the Opposition, Dr. Ralph Gonsalves has reminded the general public that the New Democratic Party (NDP) now in gov...
    Agro-processors address constraints in the sector at Forum
    News
    Agro-processors address constraints in the sector at Forum
    Webmaster 
    May 22, 2026
    THE CENTRE for Enterprise Development (CED) brought together agro-processors, entrepreneurs, policymakers, financiers and other stakeholders on Tuesda...
    Calypso tents to blast off next week
    News
    Calypso tents to blast off next week
    Webmaster 
    May 22, 2026
    A NEW CALYPSO tent will be part of this year’s Vincy Mas Great Escape, when the tents begin to present their casts for the 2026 carnival season on Tue...
    Former PM accuses NDP of taking credit for ULP initiatives
    News
    Former PM accuses NDP of taking credit for ULP initiatives
    Webmaster 
    May 15, 2026
    FORMER PRIME MINISTER of St Vincent and the Grenadines, and Leader of the Opposition, Dr. Ralph Gonsalves is accusing the New Democratic Party( NDP) a...

    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