September 18 2003

 

 

 

 

 

 

SPECIAL SITTING OF THE HIGH COURT MARKS OPENING OF NEW LAW TERM

A special sitting of the High Court was held here Monday September 15th, to mark the opening of the new law term 2003-04.

The presiding judges were Her Ladyship the Honourable Madame Justice Suzie d'Auvergne and His Lordship the Honourable Mr. Justice Hugh Rawlins.

The session was attended by many of the lawyers practicing in the BVI, who heard addresses from Mr. Arden Warner on behalf of the Attorney General; Mr. Gerard St. C. Farara Q.C. and President of the BVI Bar Association Mrs. Hélène Anne Lewis.

Mrs. Lewis joined the legal fraternity in recording condolences to the people of Antigua/Barbuda and to the family of Mr. Cosmos O.R. Phillips Q.C., who passed away last week.  Among other distinguished positions, he was President of the Antigua/Barbuda Bar Association as well as President of the OECS Bar Association.

The President of the BVI Bar Association referred to her address last year, where she spoke of the many challenges facing the Bar in an era of change. She said by and large, the local Bar has risen to those challenges.
As the Bar sets about to chart the course for the next law year, she pointed out the need to refurbish the Registry, housed in the same building as the Supreme Court, saying the enormous inconvenience caused by current logistics remains a burden on all involved.

"We commend the performance of the Registrar.however, we do note that our judges are severely hampered by an inadequately staffed and equipped Registry and we should like to suggest that urgent consideration be given to upgrading the Registry so that it might be empowered to meet the extensive demands for its service created by CPR2000 and by the introduction of Mediation," Mrs. Lewis stated.

The erudite lawyer said the Bar Association notes that consideration is being given to the establishment of a Commercial Division of the Eastern Caribbean Supreme Court. "As an offshore financial centre, our jurisdiction is kept busy with matters frequently involving significant sums of money, multi national corporations, foreign nationals, voluminous bundles of documents, lengthy trials and senior foreign practitioners," the lawyer noted. "We are keenly aware that the ability of our courts to deal with these matters in the most efficient and expeditious manner, is under close scrutiny, not only from the service providers and their clients, but also by the legislators both here and abroad.

Mrs. Lewis said they are concerned that the local court meets the expectations of all the stakeholders in this most important pillar of the BVI's economy and stand ready to contribute to the modernization process.
The Bar Association President also welcomed the implementation of the Court-connected Mediation Project which is well underway and pointed out that a Legal Aid clinic remains high on their wish list. 

The Legal Aid Board recently submitted a report to the Ministry of Health on the way forward for this project, which is now nearing the end of its second year.

She said the Association also anticipates continuing contribution to the legislative agenda in the BVI and applauds the accomplishments of two of its members - Mrs. Janice George-Creque and Mr. Francis Belle - who were this year elevated to service on the Bench as judges of the Eastern Caribbean Supreme Court.

Monday's sitting also featured an address from His Lordship the Honourable Chief Justice Sir Dennis Byron, through live simulcast throughout the jurisdiction of the ECSC from Antigua/Barbuda, where a new High Court of Justice building was officially opened on that day.

Part of his remarks were read by Justice d'Auvergne because of technical problems in getting the feed, however, this was later rectified.
In the remarks, the Chief Justice spoke of several initiatives taken during the past year, including the deployment of scarce judicial resources throughout the region.

He also outlined the reforms undertaken in the administration of justice to include the introduction of technology in the judicial process, the establishment of a department of court administration, efforts to improve the quality of judges and the service they render, rationalizing court structures with a view to streamlining the system and providing for a more efficient and effective court operation and the completion of a consultancy for the Probate Rules project.

This was the Chief Justice's fourth such address, the first being held in St. Lucia in 2000, then in Dominica and St. Kitts/Nevis.
The closing address at Monday's Special Sitting of the High Court was presented by Justice Rawlins.


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