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
    Mayo Clinic presents 10 breakthroughs for 2025 that are transforming the future of medicine
    Press Release
    Mayo Clinic presents 10 breakthroughs for 2025 that are transforming the future of medicine
    Jada 
    January 23, 2026
    ● From AI powered drugs to regenerative therapies and new neurological tools, Mayo Clinic researchers achieved key advances in 2025 to predict, diagno...
    Passenger van overturns, injuring several commuters
    Front Page
    Passenger van overturns, injuring several commuters
    Webmaster 
    January 23, 2026
    AT LEAST ONE PERSON who was involved in an accident where a mini van overturned on Monday, had a clear premonition about the mishap. Deanna Mc Dowall,...
    Deputy Prime Minister explains delay of 2026 Budget
    Front Page
    Deputy Prime Minister explains delay of 2026 Budget
    Webmaster 
    January 23, 2026
    THE PRESENTATION of the 2026 National Budget or Appropriation Bill is being delayed as the New Democratic Party administration tries to put everything...
    SVG reviewing US request to accept deportees, Opposition Leader warns not to accept them
    Front Page
    SVG reviewing US request to accept deportees, Opposition Leader warns not to accept them
    Webmaster 
    January 23, 2026
    DEPUTY PRIME MINISTER St Clair Leacock, says that St Vincent and the Grenadines (SVG) is reviewing a request from the United States administration to ...
    Questelles students happy to be back in the classroom
    Front Page
    Questelles students happy to be back in the classroom
    Webmaster 
    January 23, 2026
    IT HAS BEEN over three weeks since the Grades 3 and 4 students at the Questelles Government School (QGS) lost their classrooms in a fire. Although a f...
    Government names new Diplomats
    Front Page
    Government names new Diplomats
    Webmaster 
    January 23, 2026
    A FORMER MEMBER of Parliament, and a Journalist, are in the group of five diplomats named by the New Democratic Party administration to take up postin...
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    Webmaster 
    January 23, 2026
    PUBLIC SERVANTS who were dismissed for refusing to take the COVID-19 vaccine will not be allowed to return to their jobs after January 30, 2026. And, ...
    Rhea Ollivierre among new lawyers admitted to the SVG Bar
    News
    Rhea Ollivierre among new lawyers admitted to the SVG Bar
    Webmaster 
    January 23, 2026
    THE BAR OF St Vincent and the Grenadines (SVG) has welcomed a new cohort of legal practitioners, including Rhea Kezia Tamar Ollivierre, whose academic...
    Confessed grocery thief urged to invest in herself
    From the Courts, News
    Confessed grocery thief urged to invest in herself
    Webmaster 
    January 23, 2026
    AN UNEMPLOYED Redemption Sharpes woman, who relies on her daughter’s father to solely provide for their family, was bonded and ordered to compensate C...
    Hundreds flock to Lobster and Lambie Festival
    News
    Hundreds flock to Lobster and Lambie Festival
    Webmaster 
    January 23, 2026
    LAST WEEKEND, January 16 to 18, hundreds of people, including Vincentians from the mainland and the Grenadines, journeyed to Carriacou and Petit Marti...
    Committee Chair opposes insertion of fetes into Nine Mornings Festival
    News
    Committee Chair opposes insertion of fetes into Nine Mornings Festival
    Webmaster 
    January 23, 2026
    CHAIRMAN OF the National Nine Mornings Committee, Oronde ‘Bomani’ Charles, said he will oppose any attempt to introduce fetes during the annual Nine M...

    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