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

‘I want to play for one of the best clubs in the world’ – Chile star closer to Man United switch?

first_img1 Juventus midfielder Arturo Vidal A hosts of top players, Dutch or otherwise, have been linked to Manchester United since Louis van Gaal was appointed in the Old Trafford hotseat.Juventus midfielder Arturo Vidal has been one of the stars most linked with the Red Devils. The 27-year-old is hot property in this transfer window after a shining World Cup campaign, with German giants Bayern Munich also thought to be interested in the playmaker.But despite fierce opposition, the foreign press still believe United to be in pole position to sign the player…United in ‘advanced talks’ with Vidal’s agentChilean newspaper Latercera report that Man United have paved the way for Vidal’s move to Old Trafford after holding significant talks with the player’s representatives.The Juve man shares the same agent as compatriot Alexis Sanchez, and United are said to have taken advantage of Fernando Felicevich’s presence on English soil, having seen over Alexis Sanchez’s £30million move to Arsenal this week.Talks reportedly concluded with a player-plus-cash deal on the table, thought to be around £30million together with the transfer of full-back Patrice Evra, who is set to leave Manchester this summer.Vidal is currently on holiday following his World Cup campaign, and is quoted as saying: “I’ve heard the rumors, but I won’t speak of it anymore.“I’m enjoying the holidays and when I return to Italy I’ll see what happens, but we all want to play for one of the best teams in the world.”Red Devils have quizzed Chile doctors over Vidal’s fitnessReports in Italy have suggested United have approached doctors from the Chile camp regarding Vidal’s physical condition.The midfielder underwent major knee surgery just five weeks before the World Cup, having struggled with a long-term problem in his right knee throughout the second half of Juve’s title-winning Serie A campaign.Vidal played a key part in that win and there were rumours the Italian side had delayed surgery until the end of the season.He played just 60 minutes of Chile’s World Cup opener against Australia and was doubt for their second tie against Spain, though he eventually started and played 88 minutes in the 2-0 win, a result which knocked the holders out of the competition.Italian sports paper Corriere dello Sport claim that, despite Vidal’s supposed injury comeback in Brazil, the Red Devils are seeking assurances over his fitness ahead of a £35million cash-only deal for the box-to-box star.last_img read more