New civil court rules set to become operational

A two-day seminar on the New Civil Procedure Rules 2016 opened yesterday and outgoing acting Chancellor Carl Singh said that one of his last remaining duties was to ensure that the rules become operational.

“You have my commitment that I will be here to see it through,” he assured the large gathering of attorneys, magistrates and judges who were gathered at the Regency Suites Hotel during the opening ceremony yesterday.

Justice Singh told the gathering that the efforts to create new rules for the court “go back a very long time”. He said previous attempts were marred by criticisms that the judiciary was wasting money and that “it was useless.”

Justice Singh stated that the formulation of the rules have taken a long time and noted that changes might become necessary. He said lawyers have already made an observation with regard to the inclusion of some provisions on the settlement of tax violations. He told the gathering that he was in agreement with this, as it was a regulation measure of the state. “I can assure you that steps will be taken to remove it and judges will be advised that it is not to be enforced,” he said amidst applause.

He said too that he had received comments from the Guyana Bar Association and these have been referred to the consultants who contributed to the drafting of the rules. Justice Singh appealed for understanding and said that he would like to be present for the transition period.

President of the Caribbean Court of Justice (CCJ) Sir Dennis Bryon stated that the seminar represents an important step towards achieving judicial reform. He said he was fully aware of the challenges associated with new court rules and the

transition period that will follow.

“I am convinced that it is going to make the administration of justice better,” he said, while adding that there would be a more transparent system along with other benefits.

He said new civil procedures brought cultural changes, including the desire to interrogate the rules critically to see their effect and to seek to continually improve them. An important element of the transition, he said, has to be the existence of a standing rules committee, which reports to the Chancellor about twice a year with recommendations on how to improve the rules.

He made mention of the Judicial Education Institute-Guyana and thanked acting Chief Justice Yonette Cummings-Edwards for her efforts in ensuring it became a reality. Sir Dennis noted that judicial training is important for the advancement of the legal profession.

Meanwhile, Justice Cummings-Edwards remarked that the seminar was a joint initiative between the Supreme Court, the recently formed Judicial Education Institute and the CCJ.

Justice Cummings-Edwards said that the CCJ and Trinidad and Tobago’s judiciary have come on board to help Guyana cope with all that will come as a result of the implementation so that there can be greater appreciation and understanding of the operation and application of the new rules.