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

Guyanese couple die in Canada smash-up

first_imgA Guyanese couple is now dead following a crash on Highway 401 westbound, Ontario, Canada.Ramnauth Seebachan and his wife, Padmini Seebachan in happier timesDead are Ramnauth Seebachan, 65, and his wife Padmini Seebachan, both of Mahaicony, East Coast Demerara.Guyana Times understands that the couple were on their way home on Saturday after visiting their daughter when a speeding vehicle crashed into their van.According to a release from Canada’s Ontario Provincial Police Highway Safety Division, Ramnauth and his wife were both pronounced dead at the scene.last_img read more

COUNCIL MEETING ADJOURNED AS MARK OF RESPECT TO BERNARD McGLINCHEY

first_imgDONEGAL County Council has adjourned its meeting in Lifford today as a mark of respect to Bernard McGlinchey, the former councillor and senator who was laid to rest on Sunday.Cllr Ciaran Brogan proposed the motion which was passed unanimously. The meeting has been adjourned for one hour as a mark of respect.Cllr Brogan said that “Letterkenny would not be the town it is today without the work of Bernard McGlinchey.” He said the Fianna Fail party stalwart has fought hard for Letterkenny and Donegal.Representatives of the other political parties also paid tribute to Mr McGlinchey with Fine Gael’s Bernard McGuinness describing him as ‘a formidable politician and businessman.’Martin Farren from Labour and Marie Therese Gallagher from Sinn Fein also paid tribute to Mr McGlinchey.County manager Seamus Neely led tributes from council staff, recalling how he worked with him in Letterkenny Urban Council in the 1980s.  COUNCIL MEETING ADJOURNED AS MARK OF RESPECT TO BERNARD McGLINCHEY was last modified: April 15th, 2013 by BrendaShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more