Committee makes new changes to Civil Procedure Rules

first_img…changes include reforms to process for enforcing judgementsThe Civil Procedure Rules that were implemented in 2016 to simplify the conduct of civil matters in the court system have received a further update, courtesy of the Civil Rules Committee.he High CourtThe Committee has made changes to part 43 (Enforcement of judgements) and to part 53 (Stop notices and charging orders) of the Civil Procedures Rules, in alterations it has cited as the Civil Procedure (Amendment) Rules of 2019.One of the first changes is to the process for persons complying with court judgements that direct them to pay money or transfer property to the successful applicant. According to Section 43.03 of the amendments, “it is not necessary to make any demand for the money or property, but the person so directed must obey the judgement or order upon being duly served with it without demand.”The new rules also set out that when someone has won a judgement in the court upon certain conditions and they do not comply with these conditions, they are considered to have waived their judgement.It states that “any other person interested in the matter may on breach or non-performance of the condition take either those proceedings as the judgement or order may in the case warrant, or those proceedings as might have been taken if no such judgement or order had been made, unless the court otherwise directs.”Part 45 of the Civil Procedure Rules speaks to application for writ of possession, in cases where court marshals acting on court orders take possession of specified land or property. Part 43.06 of the amendments states that a judgement for the recovery of, or delivery of possession of land can be enforced by this writ.Part 43.05 meanwhile states that a judgement for the recovery of money may be enforced by writs of seizure and sale of both moveable and immovable property, as well as garnishment orders or an order charging interest in cases where money is held in shares of a company.The Civil Procedure Rules state that in cases where “a person fails to do an act (other than the payment of money) or fails to abstain from doing an act as required by an order, a person may make an application for a Writ of Sequestration (Form 47) against all or part of the person’s real or personal property, which application may be made without notice and in writing.”It defines a Writ of Sequestration as an order providing the marshal with the authority to take possession of property of someone who the court has ruled against and who has to pay money. It also empowers them to collect and hold any income from the property until the person complies with the order. In Part 43.09, it further states that judgements for paying money into the court may be enforced by the Writ of Sequestration or by attachment where it is authorised.The new Civil Procedure Rules are intended to bring Guyana in line with similar rules in the Caribbean. The Rules and legal forms span 187 pages and contain procedures for the settlement of civil matters and making payments both in and out of court. The Rules were touted as having the potential to reduce clogging of the courts by matters that could be settled.last_img read more

Scalable lowcost technologies needed to repair climate Cambridge professor suggests

first_imgCambridge University has proposed setting up a research center tasked with coming up with scalable technological fixes for climate change.The proposed Center for Climate Repair is being coordinated by David King, an emeritus professor in physical chemistry at the university and also the U.K. government’s former chief scientific adviser.Speaking to the BBC this morning, King suggested the scale of the challenge now facing humanity to end  greenhouse gas emissions is so pressing that radical options need to be considered and developed alongside efforts to shift societies to carbon neutral and shrink day to day emissions.“What we do over the next 10 years will determine the future of humanity for the next 10,000 years. There is no major centre in the world that would be focused on this one big issue,” he told BBC News.In an interview on the BBC Radio 4’s “Today” program, King said the center would need to focus on scalable, low-cost technologies that could be deployed to move the needle on the climate challenge.Suggested ideas it could work to develop include geoengineering initiatives, such as spraying sea water into the air at the north and south poles to reflect sunlight away and refreeze them; using fertilizer to regreen portions of the deep ocean to promote plankton growth; and carbon capture and storage methods to suck up and sequester greenhouse gases so they can’t contribute to accelerating global warming.On the issue of nuclear power, King said interesting work is being done to try to develop viable nuclear fusion technology — but also pointed to untapped capacity in renewable energy technologies, arguing there is an “ability to develop renewables far more than we thought before.”If established, the Center for Climate Repair, would be attached to the university’s new Cambridge Carbon Neutral Futures Initiative, which is a research hub recently set up to link climate-related research work across the university — and “catalyse holistic, collaborative progress towards a sustainable future”, as it puts it.“If [the Center for Climate Repair] goes forward, it will be part of the Carbon Neutral Futures Initiative, which is led by Dr Emily Shuckburgh,” a spokeswoman for the university confirmed.“When considering how to tackle a problem as large, complex and urgent as climate change, we need to look at the widest possible range of ideas and to investigate radical innovations such as those proposed by Sir David,” said Shuckburgh, commenting on the proposal in a statement.“In assessing such ideas we need to explore all aspects, including the technological advances required, the potential unintended consequences and side effects, the costs, the rules and regulations that would be needed, as well as the public acceptability.”last_img read more