Magistrates Conference, 25Th
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Special Sitting of the Eastern Caribbean Supreme Court in Honour of the Late Dr Joseph Samuel Nathaniel Archibald, QC
Special Sitting of the Eastern Caribbean Supreme Court in Honour of the Late Dr Joseph Samuel Nathaniel Archibald, QC The Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice Special Sitting of the Eastern Supreme Court in honour of the late Dr Joseph Archibald, QC Tortola, British Virgin Islands 25 April 2014 The Eastern Caribbean Supreme Court consists of two divisions, a Court of Appeal and a High Court of Justice. The Court of Appeal is itinerant, traveling to each Member State and Territory, where it sits at various specified dates during the year to hear appeals from the decisions of the High Court and Magistrates Courts in Member States in both civil and criminal matters. The Court of Appeal hears appeals from all subordinate courts (High Courts, Magistrates Courts and the Industrial Court in Antigua and Barbuda). Appeals from the Magistrates Courts might be heard from “any judgment, decree, sentence or order of a Magistrate in all proceedings.” The Eastern Caribbean Supreme Court is composed of the Chief Justice, who is the Head of the Judiciary, five (5) Justices of Appeal, High Court Judges; and High Court Masters, who are primarily responsible for procedural and interlocutory matters. The Court of Appeal judges are based at the Court’s Headquarters in Castries, Saint Lucia where administrative and legal support is provided under the supervision of the Court Administrator and Chief Registrar respectively. Remarks By The Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice, on the occasion of The Special Sitting of the Eastern Supreme Court in Honour of Dr Joseph Archibald, QC 25 April 2014 Honourable Dame Janice Pereira Chief Justice of the Eastern Caribbean Court, thank you for allowing me a few minutes at this ceremonial sitting in honour of our late departed legal icon Dr. -
Eastern Caribbean Supreme Court in the Court of Appeal
EASTERN CARIBBEAN SUPREME COURT IN THE COURT OF APPEAL ANGUILLA HCVAP 2011/004 BETWEEN: PAUL S. WEBSTER Appellant and LOIS DUNBAR Respondent Before: The Hon. Mde. Janice Pereira Justice of Appeal The Hon. Mr. Davidson Kelvin Baptiste Justice of Appeal The Hon. Mr. Paul A. Webster Justice of Appeal [Ag.] Appearances: Ms. Jean M. Dyer, with her, Ms. Dana Campbell for the Appellant Mrs. Cora Richardson Hodge, with her, Ms. Sherma A. Blaize for the Respondent _____________________________ 2012: May 15; September 17. ______________________________ Civil appeal – Divorce – Constructive Trust – House purchased in husband’s name only – Common intention – Detrimental reliance – Whether wife's contribution gave her a beneficial interest or a share therein The appellant, Dr. Paul S. Webster, and the respondent, Lois Dunbar, were born in Anguilla and Jamaica respectively. They are also American citizens and both reside in the United States. They commenced a romantic relationship in 1994 culminating in their marriage in 1996. In that same year, their marriage was declared a nullity by the District Court of Columbia as the appellant was found to be in a common law marriage with one Anita Ryan. During their relationship they had one child, who was born in 1995. On 4th March 1999, the appellant entered into a written agreement with a John Bladon to purchase a parcel of land at Blowing Point, Anguilla, registered as Parcel 98 Block 2809B West Central Registration Section (“Parcel 98”), which land was registered in his name only. He paid the initial deposit and the subsequent payments by a cashier’s cheque. Subsequently, the appellant purchased a Mercedes Benz from L. -
X@Axãáäxààxü
VOLUME 13, NUMBER 4 X@axãáÄxààxÜ OCTOBER—DECEMBER 2012 SUPREME COURT EASTERN CARIBBEAN FIRST LADY OF THE OECS JUDICIARY The Hon. Justice Janice M. Pereira, native of the and the Hon. Alvin Christopher, Member for the British Virgin Islands, was sworn in as Acting Second District. The Premier noted that the oc- Chief Justice of the Eastern Caribbean Supreme casion was a “historic moment that brings pride Court on Tuesday, 31st July 2012 in a historic to the Virgin Islands and the Caribbean.” ceremony convened at the residence of Her Ex- The Chief Justice in her remarks registered the cellency Madame Dame Pearlette Louisy, GCMG fact that she felt truly honored and special that Governor General of Saint Lucia. She is the first there were representatives from the British Virgin female to assume the prestigious position as the Islands to share in the occasion, and that it was head of the Court that has judicial responsibility a moment she would never forget. over the nine countries of the Organization of Eastern Caribbean States (OECS). Others in attendance included judges, represent- atives of the administrative and support staff of To mark this momentous occasion, a special the Court’s Headquarters in Castries, Saint Lucia sitting was convened at the High Court of Justice and members of the legal profession. Hon Janice Mesadis Pereira in Tortola, BVI on 1st October 2012. BV-Islanders gathered to celebrate the rise of a native to the In demonstration of the Government’s pride in highest seat in the judicial system. the achievement of a daughter and the resultant contribution to the Territory and the wider Carib- Those present included Governor Boyd bean, the Premier of the British Virgin Islands, Dr McCleary; Premier Dr. -
Registrars' & Court Administrators Conference 2013
Registrars’ & Court Administrators Conference 2013 Coco Palm Resort & Spa Saint Lucia Multidisciplinary Training: Civil Law, Criminal Law, Public Administration, Ethics and Judicial Independence, Protocol, Human Resource Management, Finance & Accounting Course Title 1: Multidisciplinary Training: Civil Law, Criminal Law, Public Administration, Ethics and Judicial Independence, Protocol, Human Resource Management, Finance & Accounting Participants: Registrars, Deputy Registrars and Court Administrators Faculity: Her Ladyship the Hon. Dame Janice Pereira, Chief Justice His Lordship Hon Davidson Baptiste, Court of Appeal Judge Her Ladyship, Hon. Louise Blenman, Court of Appeal Judge His Lordship Hon. Justice Francis Belle His Lordship Hon. Justice Francis Cumberbatch Her Ladyship Hon Justice Rosalyn Wilkinson Her Ladyship Hon Justice Margaret Mohamed Mr. Victor Poyotte Mr. Wilbert King Mrs. Kimberly Phulgence Mr. Gregory Girard Ms. Agnes Actie Mr. Ruggles Ferguson Mr. Andie George Mrs. Cynthia Combie Martyr Mrs. Andrea St. Rose Mr. Mark Ernest Miss. Cecille Hill Mr. Anderson Henry Miss. Myrtene Cenac Mrs. Cynthia Ramjaewan Mr. Benson Emile Miss. Rochelle John Objectives: - To promote the Rule of law; - To improve the efficiency of Registrars, Deputy Registrars and Court administrators in the execution of their duties. - To foster improved communication among the Registrars, Court Administrators and their stakeholders - To facilitate discussion and debate between Registrars and Court administrators on ways they can eliminate the challenges of their respective registries; - To appreciate and better understand the needs and problems facing their stakeholders(judges, attorneys, staff and litigants) - To enhance their administrative functions as managers of their registries. 2 Day One - Tuesday June 18, 2013 Chairperson Her Ladyship Hon. Justice Louise E. Blenman 8:30 - 8:45 Registration 8:45 - 9:00 Seating of all invited guests and participants 9:00 - 9:05 Invocation Mrs. -
November 2018
Vol. 4. Nos. 1, 2 & 3, October 2017 - November 2018 IMPACT Justice Shines Spotlight on Sexual Harassment IN THIS ISSUE ● IMPACT Justice Shines Spot- light on Sexual Harassment ● Sexual Harassment Brochure Launch ● Mediation Update ● Consultations on an OECS Model Criminal Code et al ● IMPACT Justice Launches Pro- tocols ● Certificate Ceremony for Re- storative Practices Trainers ● IMPACT Justice RPD Delivers Remarks at Training for St. George Secondary School Teachers - Barbados ● Restorative Practices Update ● IMPACT Justice Staff Member is UWI MIVIVA Champion! ● Jokes Corner IMPACT Justice/Labour Department of Barbados “Model Workplace Policy Statement Against Sexual Harassment” and “Sexual Harassment ● Summary of IMPACT Justice in the Workplace: What You Should Know” brochures. Events the workplace, but also in other profes- To date, only Barbados (2017) and Be- sional and social relationships, especial- lize (1996) have enacted standalone sex- The global #MeToo and the Barbadi- ly where power dynamics are at play, ual harassment legislation. IMPACT an-born #lifeinleggins movements, such as landlord and tenant, and teach- Justice has drafted a Model Sexual Har- have given greater voice to the issue of er and student relationships. assment Bill, which was accompanied by sexual harassment. IMPACT Justice a Model Sexual Harassment Policy. has been doing its part to shine the Sexual advances, requests for sexual spotlight on this pressing issue for the favours and other verbal or physical The Barbados Employment Sexual Har- Caribbean region and the world. sexual conduct, once unwelcome, may assment (Prevention) Act, 2017, focuses be classified as sexual harassment, par- on sexual harassment in the workplace But what is sexual harassment? It is a ticularly where they affect the victim’s only. -
2017/2018 01 the University of the West Indies, Cave West Indies, Hill the of Campus University The
March 2019 © The University of the West Indies OUR MISSION An excellent global university rooted in the Caribbean VISION To advance learning, create knowledge and foster innovation for the positive transformation of the Caribbean and the wider world OUR CORE VALUES Integrity Excellence Gender Justice Diversity Student Centredness ANNUAL REPORT 2017/2018 01 The University of the Indies, West The University of the West Indies CAVE HILL CAMPUS Cave Hill Campus Hill Cave Contents Chairman’s Statement .....................................02 Principal’s Report ...............................................05 Internal Operating Processes ......................34 Teaching, Learning and Student Development ....................................47 Celebrating Student Achievements .........62 70 For Our 70th ................................................70 Research and Publications ............................72 Administrators of the Campus 2017/2018..........................................84 Membership of the Campus Council 2017/2018 .....................85 Financial Summary ............................................86 Campus Events ...................................................89 Saluting Achievement ......................................96 Statistics and Charts ......................................108 Campus Staff .....................................................116 Benefactors ........................................................119 02 ANNUAL REPORT CHAIRMAN’S Cave Hill Campus Hill Cave STATEMENT t gives me great pleasure to -
Page Theme of the Anniversary Is
Theme of the Anniversary is "Celebrating the Past, Embracing the Future" Celebrating the Past It is my distinct pleasure to rise, on behalf of the inner bar, to express felicitations to this honourable court on the occasion of this, its 50th anniversary. The Court was proudly established in 1967 by the West Indies Associated States Supreme Court Order No. 223 of 1967. It is a superior court of record for nine Member States of the Organisation of Eastern Caribbean States. Of those, Antigua and Barbuda, Dominica, Grenada, St. Kitts-Nevis, St. Lucia and St. Vincent and the Grenadines are independent states and three, namely, Anguilla, the British Virgin Islands and Montserrat are British Overseas Territories. The first 3 judges of the court of appeal were Justice of Appeal P. Cecil Lewis and the legal luminaries and sons of the soil, the Hon. Chief Justice Sir Allen Lewis and Justice of Appeal Keith Gordon. All told, we have had the privilege of being led by 12 illustrious Chief Justices with our current president, Her Ladyship Dame Janice Pereira being our first female Chief Justice. I have hazy recollections of a time over 30 years ago, following my admission to the bar, when Sir Lascelles Robotham was our Chief Justice. In those days the office of the Court of Appeal comprised hardly anything more than a cubicle or two manned by the efficient Ms Dean working away tirelessly on her trusty typewriter and duplicating machine. Now the court’s head office at the Heraldine Rock Building on The Waterfront houses the Justices of Appeal’s chambers, the Court of Appeal Registry, the Judicial Education Institute, the Court of Appeal Library, and the Administrative department of the court manned by a formidable battalion of specialist staff who all perform vital services that ensure the smooth running of the court. -
COMMUNIQUÉ 57Th MEETING of the OECS AUTHORITY Sandals Grande Resort, Dickenson’S Bay, St
COMMUNIQUÉ 57th MEETING OF THE OECS AUTHORITY Sandals Grande Resort, Dickenson’s Bay, St. John, Antigua and Barbuda June 2 – 4, 2013 INTRODUCTION The Fifty-Seventh Meeting of the OECS Authority was convened at Sandals Grande Hotel in Antigua over the period June 2 – 4, 2013 under the incoming Chairman Honourable Baldwin Spencer, Prime Minister of Antigua and Barbuda. With the exception of the British Virgin Islands, all Member States were in attendance and representation of Heads of Government included the Commonwealth of Dominica, Grenada, Montserrat, St. Kitts and Nevis, Saint Lucia and St. Vincent and the Grenadines. Also in attendance were the Deputy Chief Minister of Anguilla, the Governor of the Eastern Caribbean Central Bank (ECCB) and the Secretary General of the Caribbean Community. In the main, the Meeting focused on: (a) The OECS Development Strategy (b) The Role of the Private Sector in Supporting the Growth and Development Agenda of the OECS (c) Update on the OECS Economic Union (d) The Economic Affairs Council (e) The OECS Assembly and its Development (f) Oceans Governance Policy and Framework (g) The OECS Work Programme and Budget (h) Sustainable Financing of the OECS (i) OECS Accession to the Advisory Centre on the WTO Law (j) The Eastern Caribbean Supreme Court THE OECS DEVELOPMENT STRATEGY OECS Heads of Government received a presentation on the draft OECS Development Strategy which focused on the regional developmental thrust for Tourism, Agriculture, Manufacturing, Construction, ICT, Trade Policy and Trade Facilitation, Transportation, Health, Education, Social Development, Energy, Climate Change, Ocean Governance 1 and the Environment. Heads noted the broad consultative process which was employed (involving Commissioners and various high level national officials) to integrate the relevant inputs on the priority sectoral issues and commended the work of the OECS Secretariat in this regard. -
CAJO Newsletter Committee the Hon
FEBRUARY 2014 • ISSUE 3 The ECSC Focus CAJO NEWS Team CHIEF EDITOR The Hon. Mr. Justice Adrian Saunders CONTRIBUTORS The ECSC Focus Mr. Gregory Girard GRAPHIC ARTWORK, LAYOUT Ms. Seanna Annisette Ms. Semone Moore Special thanks and considerations are extended to: The Hon. Dame Janice Pereira Photo credits/sources Eastern Caribbean Supreme Court The Caribbean Association of Women Judges CAJO Newsletter Committee The Hon. Mr. Justice Adrian Saunders, The Hon. Mr. Justice Roy Jones, The Hon. Mr. Justice David Batts QC, The Hon. Mr. Justice David Fraser, The Hon. Mme. Justice Margaret Mohammed, Her Honour Anne-Marie Smith, The Hon. Mme. Justice Vivienne Harris, Ms. Marissa Robertson, Mr. Gregory Girad, Ms. Lovette Nunez, Ms. Sandra Dee Brown, Ms. Seanna Annisette IN EDITOR THIS Notes ISSUE P. 3 This edition of CAJO NEWS features the Eastern Caribbean Supreme Court (the ECSC). The ECSC is a court like no other. It is the only court of its kind because it provides the services of CAJO PROFILE a domestic and an appellate court for Antigua and Barbuda, Dominica, Grenada, St Kitts and SCAJOue. Nevis, Saint Lucia, St Vincent and the Grenadines as well as for Anguilla, The British Virgin The Honourable Islands and Montserrat. Each of these states and territories has surrendered the bulk of its Dame Janice Pereira judicial branch to the ECSC. The court therefore carries on the tradition of shared court services which was a regular feature of pre-independence Anglophone Caribbean experience. There is no doubt that by reason of its regional character the ECSC, and in particular its Court of Appeal, are in substance more institutionally independent than their counterparts in the Caribbean. -
Court of Appeal Sitting
COURT OF APPEAL SITTING TERRITORY OF THE VIRGIN ISLANDS 10th – 14th July 2017 APPLICATIONS & APPEALS Case Name: [1] Sylvia Maduro-Dale [2] Lucia Chalwell v The Registrar of Lands [BVIHCVAP2010/0022] Date: Monday, 10th July 2017 Coram: The Hon. Dame Janice Pereira, DBE, Chief Justice The Hon. Mde. Louise E. Blenman, Justice of Appeal The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Appearances: Appellant: Mrs. Patricia Archibald-Bowers Respondent: Mrs. Jo-Ann Williams-Roberts, Solicitor General Issues: Application to remove solicitors from record – CPR 63.6 – Two previous hearings – Counsel for appellant unsuccessful each time effort made to contact the appellant in order to receive instructions – All efforts exhausted to contact the Appellant – Ownership of land – Prescriptive title Type of Oral Directions Result/Order Delivered: Result: It is hereby ordered: 1. The solicitors for the appellants shall serve the notice of application for removal from the record by an advertisement in two consecutive issues of a newspaper of general circulation in St. Thomas, USVI, being the last 1 known place of residence of the appellants. 2. Thereafter the appellant solicitors shall file an affidavit in proof of the substituted service hereby directed. 3. The application to be removed from the record as solicitors for the appellants is adjourned to the next sitting of the Court of Appeal in the Virgin Islands during the week commencing on 20th November 2017. Reason: The Court took notice of the submissions made by counsel for the appellant that she had made contact with the niece of the second appellant who was not on record and that no contact had been made with the first appellant. -
JURIST Newsletter 12-R2
THE UARTERLY NEWSLETTER OF THE JURIST PROJECT | ISSUE 12 | FEBRUARY - MAY 2019 Operationalising courts in Dominica after hurricane Maria Courts serve a central role in our constitutional and training needs will require greater specialisation democracy. Under the rule of law, people rely heavily and urgency,” she advised. on the courts and on court houses, all of which are She explained that while disaster preparedness might subject to various natural, technological, or humanly seem a daunting task it was imperative for business caused disasters or catastrophes. Preparedness for such continuity. Mrs. Richards-Johnson said that court’s events is a vital government function, but it is leaders set the tone for eective emergency particularly important for the courts because they management. e type of leadership structure in place must remain open to the extent possible to ensure that at the time of a crisis can inuence the performance of all people’s legal rights are protected. an organisation during a period when its regular mode is was the view of Mrs. Gloria Richards-Johnson, The Honourable Dame Janice Pereira (centre), Chief of operation is disrupted. JURIST Project Director. She was speaking at the Justice, Eastern Caribbean Supreme Court (ECSC) chats She continued: “Courts must look at their priorities. A Judicial Reform and Institutional Strengthening with Mrs. Gloria Richards-Johnson (left), Director and key feature of leadership is setting priorities. e courts (JURIST) Project’s ocial hand over of equipment to Mr. John Furlonge, Regional Project Coordinator and must prioritise their emergency management needs Capacity Building Specialist, both of the JURIST Project support the Eastern Caribbean Supreme Court’s based on the most likely and most injurious events that (ECSC) recovery eorts to make the court oces in Mrs.