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

Essequibo businessmen lash out at GPL

first_imgFrustrated with persistent blackouts– say efforts by power company “grossly inadequate” for Region 2By Indrawattie NatramFrustrated by constant and prolonged power outages on the Essequibo Coast, several businessmen living in Region Two (Pomeroon-Supenaam) vented their anger on Thursday and lashed out at what they claimed were inefficient and grossly inadequate efforts on the part of the Guyana Power and Light (GPL) to restore electricity to affected areas on the Coast.With the northern side of the Essequibo Coast hardest hit, the businessmen alluded specifically to residents in Charity who reportedly have suffered up to eight days of complete shutdown (no electricity) without any explanation given by the power company.At a special meeting held in the boardroom of the Regional Democratic Council (RDC) on Thursday morning with staff attached to GPL, several Essequibo businessmen and residents got the opportunity to vent their frustration at the treatment meted out to them by GPL. They questioned whether GPL would compensate them for their suffering and losses.Essequibo Chambers of Commerce Chairman Deleep Singh, representing entrepreneurs, noted that a number of businesses suffered tremendous losses as a direct result of the blackouts. He requested for the “disconnection team” to avoid visiting the areas in and around Charity, since residents were already very frustrated and angry over the constant outages. Singh said the Charity area, which was hardest hit by the blackout woes, contribute 75 per cent to the Region’s economy – and residents are affected.After listening to what the GPL officials had to say, Singh declared that residents were being treated with “gross disrespect” by the power company. He demanded that priority be given to the immediate repair of the Wärtsilä plant, which powers the Charity area.The Chairman of the Essequibo Chambers alluded to the fact that many households were forced to dump food and other perishable items due to the power outages.  Singh also called on Public Infrastructure Minister David Patterson to speed up the process of acquiring new generator sets so an early commissioning can be done.The main supplier of ice on the Essequibo Coast at Charity, Kumar Lallbacchan, also expressed dissatisfaction at the manner in GPL has dealt with the blackout situation. Lallbacchan said his ice factory has to be powered presently by a privately-owned generator, which is costing him a lot.Another businessman, Sam Bacchus, also complained of being forced to run his generators to cut his losses.Compensation for lossesGovernment Councillor Julian Cummings acknowledged that the blackouts affected several areas including water supply, Internet access, as well as banking services.“When the current off, there is no telephone service, no Internet, no water supply…this is really hard on Charity residents,” Cummings told the GPL officials.Chairman of the Charity/Ursara Neighbourhood Democratic Council (NDC), Beatrice Mittelholzer suggested that GPL rent generators so as to ensure residents of Charity get electricity.Deputy Chief Executive Officer for GPL (Technical Services), Elwin Marshall said the company was “deeply concerned” over the plight of residents and apologised for the unreliable power supply. He explained that the generator sets have suffered major mechanical problems, which resulted in the power outages. He, however, assured that the company was moving in the direction to convert the South field to temporarily supply from Anna Regina to Charity. Marshall said that at present, GPL was trying to install a 60-cycle supply on the Essequibo Coast by splitting the South feeders. He, however, cautioned that during ‘load shedding’ periods, there may be some technical issues which residents would be informed about.Region Two Chairman Devanand Ramdatt noted that for far too long Essequibians have been quiet about the power outages and as such, urged persons to not be afraid to state their concerns at the meeting. Ramdatt also expressed frustration at the manner in which the company has dealt with the power outages, explaining that no public advisory was sent. The Regional Chairman said the power outages have also affected the Suddie Public Hospital, damaging many electrical equipment among other things. Also attending the meeting were GPL’s Manager at Anna Regina, Ben Field, and its Operations Director, Har John.last_img read more