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
    Ottley Hall resident charged with grabbing woman’s buttocks
    News
    Ottley Hall resident charged with grabbing woman’s buttocks
    Jada 
    November 7, 2025
    An Ottley Hall man, who has been committed to the Mental Health Center for over three weeks of observation, was charged with grabbing a woman's buttoc...
    Police investigates fire reported at Kingstown Building
    Press Release
    Police investigates fire reported at Kingstown Building
    Jada 
    November 7, 2025
    At approximately 6:00 p.m. on Wednesday November 5, 2025, the Royal Saint Vincent and the Grenadines Police Force (RSVGPF) Fire Brigade responded to a...
    Police investigates homicide in Akers
    Press Release
    Police investigates homicide in Akers
    Jada 
    November 7, 2025
    November 7, 2025 – Kingstown: The Royal Saint Vincent and the Grenadines Police Force has launched an investigation into the circumstances surrounding...
    KFC SVG Celebrates 10 Years of Continuing a Legacy
    Press Release
    KFC SVG Celebrates 10 Years of Continuing a Legacy
    Webmaster 
    November 7, 2025
    This November marks a special milestone for KFC St. Vincent & the Grenadines; 10 years since the iconic brand returned to Kingstown, reigniting a thre...
    ULP, NDP sign Code  agreeing to peaceful,  fair General Elections
    Front Page
    ULP, NDP sign Code agreeing to peaceful, fair General Elections
    Webmaster 
    November 7, 2025
    The Unity Labour Party (ULP), and New Democratic Party(NDP), have signed the General Elections Code of Conduct agreeing to keep the peace in the run-u...
    Monday, is  Nomination Day in SVG
    Front Page
    Monday, is Nomination Day in SVG
    Webmaster 
    November 7, 2025
    Candidates who will be contesting the November 27, 2025 general elections in St Vincent and the Grenadines (SVG), will hand in their nomination papers...
    News
    Ottley Hall resident charged with grabbing woman’s buttocks
    News
    Ottley Hall resident charged with grabbing woman’s buttocks
    Jada 
    November 7, 2025
    An Ottley Hall man, who has been committed to the Mental Health Center for over three weeks of observation, was charged with grabbing a woman's buttoc...
    Duo charged with multiple offenses
    From the Courts, News
    Duo charged with multiple offenses
    Webmaster 
    November 7, 2025
    Two young men who have been charged for allegedly attacks against a police officer and use of indecent language pled not guilty when they appeared sep...
    Participants ready to make use of Financial literacy training
    News
    Participants ready to make use of Financial literacy training
    Webmaster 
    November 7, 2025
    Persons who attended a two-day Financial Literacy workshop for Micro, Small and Medium Enterprises (MSMEs) organised by the Centre for Enterprise Deve...
    ULP new candidates blaming government for constituency failures, says Dr Friday
    News
    ULP new candidates blaming government for constituency failures, says Dr Friday
    Webmaster 
    November 7, 2025
    Leader of the New Democratic Party (NDP), Dr. Godwin Friday said first time candidates of the Unity Labour Party (ULP) are distancing themselves from ...
    World Paediatrics do life-changing surgeries on 17 children at MCMH this week
    News
    World Paediatrics do life-changing surgeries on 17 children at MCMH this week
    Webmaster 
    November 7, 2025
    This week saw 17 children from across the Eastern Caribbean (EC) and Barbados receive life altering surgeries that mark the beginning of new chapters ...

    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