Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Mangrove destroyed in conservation area – Opposition Leader
    Front Page
    Mangrove destroyed in conservation area – Opposition Leader
    Webmaster 
    September 4, 2026
    OPPOSITION LEADER Dr. Ralph Gonsalves said that while people are focused on the sale of Chatham Bay, Union Island, there is an environmental massacre ...
    Prime Minister Friday defends sale of lands at Chatham Bay
    Front Page
    Prime Minister Friday defends sale of lands at Chatham Bay
    Webmaster 
    September 4, 2026
    CHATHAM BAY, Union Island is worth protecting, but protecting it does not mean it cannot also deliver value for the people of St Vincent and the Grena...
    HIV/AIDS advocate says he was fired
    Front Page
    HIV/AIDS advocate says he was fired
    Webmaster 
    September 4, 2026
    HIV/AIDS advocate and educator Winfield Tannis- Abbott, is claiming political victimization after his position as Aids Coordinator for Public Sector E...
    FBI to visit SVG says Leacock
    Front Page
    FBI to visit SVG says Leacock
    Webmaster 
    September 4, 2026
    PERSONNEL ATTACHED TO the Federal Bureau of Investigation (FBI) are expected to be in St Vincent and the Grenadines (SVG) soon according to Minister o...
    Friday and Gonsalves honour Allen
    Front Page
    Friday and Gonsalves honour Allen
    Webmaster 
    September 4, 2026
    PRIME MINISTER Dr Godwin Friday and Opposition Leader Dr Ralph Gonsalves crossed party lines to deliver deeply moving tributes to Alpian Allen’s endur...
    Daughter eulogised her dad whose “heart was right with God”
    Front Page
    Daughter eulogised her dad whose “heart was right with God”
    Webmaster 
    September 4, 2026
    DR JANELLE ALLEN, spoke with love and nostalgia of her dad Alpian Allen, who always made time for his family and prayer. She was delivering the eulogy...
    News
    Report wrongdoing by police – acting deputy COP
    News
    Report wrongdoing by police – acting deputy COP
    Webmaster 
    September 4, 2026
    COMMENTS of “nothing is done” when civilians report acts of wrong doing by members of the Royal St Vincent and the Grenadines Police Force (RSVGPF) ha...
    Current revenue declined in 2026 second quarter
    News
    Current revenue declined in 2026 second quarter
    Webmaster 
    September 4, 2026
    PRIME MINISTER Dr. Godwin Friday, on Thursday, August 27, 2026 told the House of Parliament that there was a decline in current revenue received for t...
    Electrician charged with multiple offenses
    From the Courts, News
    Electrician charged with multiple offenses
    Webmaster 
    September 4, 2026
    A 44-YEAR-OLD electrician of Belair charged with multiple offenses, was granted EC$10,000 bail with one surety when he appeared at the Serious Offence...
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    News
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    Webmaster 
    September 4, 2026
    STUDENTS OFTHE St Joseph’s Convent Kingstown, took the top three places in the third annual Secondary Schools’ Art competition organised by theYoulou ...
    Nephew pays tribute on behalf of North Leeward
    News
    Nephew pays tribute on behalf of North Leeward
    Webmaster 
    September 4, 2026
    THE NORTH LEEWARD community celebrated the legacy of their former Parliamentary representative Alpian Rudolf Otway Allen, remembering him as a devoted...

    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