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
    The multilateral system undermined-Dr Gonsalves
    Front Page
    The multilateral system undermined-Dr Gonsalves
    Webmaster 
    January 6, 2026
    LEADER of the Opposition, Dr. Ralph Gonsalves, at a press conference yesterday, January, 5 2026, commented on “the matter in Venezuela and the presenc...
    ULP did not plan to send home housing workers – Dr Ralph Gonsalves
    Front Page
    ULP did not plan to send home housing workers – Dr Ralph Gonsalves
    Webmaster 
    January 6, 2026
    THE 180 WORKERS and housing assessors who were dismissed at the end of 2025 from the Reconstruction/ Rehabilitation Programme that was being run by th...
    Venezuelan Ambassador gravely concerned about safety of the region
    Front Page
    Venezuelan Ambassador gravely concerned about safety of the region
    Webmaster 
    January 6, 2026
    AMBASSADOR of Venezuela to St Vincent and the Grenadines (SVG), Perez Santana, has expressed grave concern about the safety of the region following th...
    SVG Tourism still untapped says PM Friday
    Front Page
    SVG Tourism still untapped says PM Friday
    Webmaster 
    January 6, 2026
    THE POTENTIAL OF St Vincent and the Grenadines (SVG), as it relates to tourism, and other economic drivers is untapped. This is the assessment of Prim...
    SVG emerges as New Caribbean Hotspot
    Front Page
    SVG emerges as New Caribbean Hotspot
    Webmaster 
    January 6, 2026
    ST.VINCENT ANDTHE GRENADINES (SVG), is seeing a boom in US tourism with a 49. 5% increase in arrivals. Once a quiet, off-the-radar destination, St. Vi...
    SVG CUBA Friendship Society condemns US military action in Venezuela
    Press Release
    SVG CUBA Friendship Society condemns US military action in Venezuela
    Webmaster 
    January 6, 2026
    THE SVG CUBA FRIENDSHIP SOCIETY has described the US military incursion into Venezuela on Saturday, January 3 2026 as a “Violation of Venezuela’s sove...
    News
    Poetry gave best-selling author her wings (+Video)
    News
    Poetry gave best-selling author her wings (+Video)
    Webmaster 
    January 6, 2026
    BEST-SELLING AUTHOR, educator and cultural practitioner, Zenna Lewis is currently working on her third and fourth publications, even as she sends a wo...
    Murder-accused to be back in court February 2
    From the Courts, News
    Murder-accused to be back in court February 2
    Webmaster 
    January 6, 2026
    A MAN WHO is alleged to have killed his nephew during an argument is expected back at the Serious Offences Court for his second court appearance on Fe...
    Youth takes out his jealousy on rival’s glass windows
    From the Courts, News
    Youth takes out his jealousy on rival’s glass windows
    Webmaster 
    January 6, 2026
    AYOUNG MAN, who broke his ex-girlfriend’s new boyfriend’s glass window and damaged his tiles on Christmas night was given a suspended sentence and ord...
    Questelles school to be rebuilt within three months
    News
    Questelles school to be rebuilt within three months
    Webmaster 
    January 6, 2026
    THE PORTION OF the Questelles Government School that was ravaged by fire on the afternoon of December 29, 2025 should be back in operation by April, 2...
    Dr. Friday promises best practices in Parliament
    News
    Dr. Friday promises best practices in Parliament
    Webmaster 
    January 6, 2026
    PRIME MINISTER, Dr. Godwin Friday said his government is fully committed to upholding the Constitution of St Vincent and the Grenadines (SVG) in the H...

    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