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
    Four make it to ‘Big Yard’ in first attempt
    Front Page
    Four make it to ‘Big Yard’ in first attempt
    Webmaster 
    June 30, 2026
    CHANIQUE ROGERS- BAILEY and Kemmy Christopher from the Dynamites Calypso tent singing ‘Lift Me Up’ and ‘Hope’ respectively have, on their first attemp...
    New Chief Education Officer shares vision for the sector
    Front Page
    New Chief Education Officer shares vision for the sector
    Webmaster 
    June 30, 2026
    NEWLY INSTALLED Chief Education Officer in the Ministry of Education, Vocational Training, Innovation, Digital Transformation and Information, Marvis ...
    NDP a dictatorship in the making – Dr Gonsalves
    Front Page
    NDP a dictatorship in the making – Dr Gonsalves
    Webmaster 
    June 30, 2026
    OPPOSITION LEADER and former Prime Minister Dr. Ralph Gonsalves believes that the New Democratic Party (NDP) is a “dictatorship in the making,” and sa...
    Police need different approach when dealing with the mentally ill, CKDO president says
    Front Page
    Police need different approach when dealing with the mentally ill, CKDO president says
    Webmaster 
    June 30, 2026
    PRESIDENT OF THE Central Kingstown Development Organisation (CKDO), Leroy Rock, is calling for “a more compassionate and coordinated approach” by the ...
    Nelson Bloc dominates Junior Mas 2026
    Front Page
    Nelson Bloc dominates Junior Mas 2026
    Webmaster 
    June 30, 2026
    NELSON BLOC MAS Camp was early off the block in VincyMas 2026 taking the bulk of the titles in Junior Mas on Saturday, June 27,2026 at Independence Pa...
    Ministry of Health cautions safe sex as HIV cases increase
    News
    Ministry of Health cautions safe sex as HIV cases increase
    Webmaster 
    June 30, 2026
    AN URGENT SAFE sex warning has been issued on the social media platform of the Ministry of Health. In the post, the ministry’s Chief Health Promotion ...
    News
    Ministry of Health cautions safe sex as HIV cases increase
    News
    Ministry of Health cautions safe sex as HIV cases increase
    Webmaster 
    June 30, 2026
    AN URGENT SAFE sex warning has been issued on the social media platform of the Ministry of Health. In the post, the ministry’s Chief Health Promotion ...
    Chanique coming in strong from the cold
    News
    Chanique coming in strong from the cold
    Webmaster 
    June 30, 2026
    TO MANY, the name Chanique Rogers-Bailey may be new, especially in the calypso arena, a virtual newcomer to the calypso stage. Bailey, who sings with ...
    ECCB launching division for consumer protection
    News
    ECCB launching division for consumer protection
    Webmaster 
    June 30, 2026
    CUSTOMERS OF BANKING institutions that may have an issue will soon have an entity to take their complaint to with the coming on stream in September, 2...
    Central Kingstown Organisation to offer Pastry making course
    News
    Central Kingstown Organisation to offer Pastry making course
    Webmaster 
    June 30, 2026
    MORE THAN 20 residents from the Central Kingstown community are expected to benefit from a pastry making course being organised by the Central Kingsto...
    Port agreement with GPH will have termination clauses, says Tourism Minister
    News
    Port agreement with GPH will have termination clauses, says Tourism Minister
    Webmaster 
    June 30, 2026
    THE AGREEMENT BETWEEN the government of St Vincent and the Grenadines (SVG) and Global Ports Holdings (GPH), will have a termination clause in the eve...

    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