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
    Vincentian Kemarlie Durrant honored with MCU outstanding youth award in Taiwan
    Front Page
    Vincentian Kemarlie Durrant honored with MCU outstanding youth award in Taiwan
    Webmaster 
    May 22, 2026
    KEMARLIE DURRANT STOOD out as the only international student honoured among the 12 recipients of the 2026 Ming Chuan University Outstanding Youth Awar...
    Vincentian Nurse stands out in Barbados
    Front Page
    Vincentian Nurse stands out in Barbados
    Webmaster 
    May 22, 2026
    A VINCENTIAN ON the nursing team at the The Queen Elizabeth Hospital in Barbados, has been named Nurse of the Year as the hospital celebrates Nursing ...
    Spiritual Baptists arrive early to celebrate Liberation Day
    Front Page
    Spiritual Baptists arrive early to celebrate Liberation Day
    Webmaster 
    May 22, 2026
    ARCHBISHOP CHARLIE BLACKMAN from the Rock of Ages Evangelicals Spiritual Baptists of Barbados, along with many of the faith’s practitioners arrived in...
    Lawyer to take action on behalf  of accused  police officers
    Front Page
    Lawyer to take action on behalf of accused police officers
    Webmaster 
    May 22, 2026
    THE DECISION by the Royal St Vincent and the Grenadines Police Force (RSVGPF) to suspend without pay, officers who are accused of crimes, has attracte...
    Government looking at permanent fix for Grenadines housing and water problems
    Front Page
    Government looking at permanent fix for Grenadines housing and water problems
    Webmaster 
    May 22, 2026
    THE GOVERNMENT said that plans are underway to deal with the housing issues in the Grenadines, as well as the water problem that has been plaguing the...
    Nadia Slater’s alleged attacker remanded for a third time
    Front Page
    Nadia Slater’s alleged attacker remanded for a third time
    Webmaster 
    May 22, 2026
    THE CLARE VALLEY MAN, who is alleged to have attempted to murder Nadia Slater, the Acting Director of the Agency for Public Information (API) was rema...
    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