Barbados, an independent nation since 30 November 1966, operates as a parliamentary republic modeled after the United Kingdom’s Westminster system. The country’s legal system is based on common law, with the Constitution serving as the supreme law of the land. This comprehensive article explores the process service rules, laws, and court procedures in Barbados, providing an in-depth guide for legal professionals, businesses, and individuals dealing with legal matters in this jurisdiction. Click here for information on How To Serve Legal Papers Internationally.
Barbados is led by a President, currently Sandra Mason, who is elected by the country’s parliament for a four-year term. The Prime Minister, who also holds the position of Head of Government, advises the President on state affairs. The Parliament of Barbados is responsible for passing laws, which must be signed by the President to become official. However, Parliament cannot override a citizen’s constitutionally protected rights without their consent. The judiciary operates independently of other government agencies, with its independence vested in the office of the Attorney General. Click here for information on Barbados Process Service: Rules, Laws, and Court Procedures.
The court system in Barbados consists of three main levels:
A. The Caribbean Court of Justice
B. The Supreme Court of Barbados
C. Magistrates’ Courts
Any person possessing a summons or warrant issued by a magistrate who has ceased to act as a magistrate may execute or serve the summons or warrant as if the issuing magistrate had not ceased to act. During hearings, the plaintiff presents their statement and evidence, followed by the defendant’s right to address the court. If the defendant addresses the court twice, the plaintiff has the right to respond. The judge is responsible for cataloging and marking all documents and evidence presented in court. Click here for information on How The Hague Convention And International Process Service.
Documents delivered to the clerk are filed and distinguished by the plaint number, and the clerk keeps books as directed by the Judicial Advisory Council. Each entry is numbered, corresponding to the related plaint number. The clerk issues summonses, warrants, and other process forms without delay, and the Chief Writ Officer serves summonses and makes return by affidavit. If the defendant has moved within the district, the writ officer updates the summons copy accordingly. No party has the right to choose the Clerk as their agent, and court officials cannot serve as agents for any suitor or become a surety in court matters.
The High Court of Barbados hears significant business conflicts and has separate sections for civil, criminal, family, and commercial cases. The Commercial Division handles cases involving intellectual property, banking, insurance, insolvency, bankruptcy, and contracts. Parties’ actions before filing a lawsuit are governed by pre-action protocols, which encourage reasonable and cooperative efforts to resolve disputes out of court.
To initiate a claim, Form 1 and a statement of claim must be filed at the Supreme Court Registry. In specific circumstances, Form 2 (fixed-date claim form) and an accompanying affidavit may be used. The claim must include the nature of the claim, remedy sought, claimant’s address for service, and any interest claimed. Personal service is required in most cases, but alternative methods may be used with court approval. The claimant must prove the defendant’s ability to ascertain the contents of the served pleadings.
Barbados is a party to the HCCH Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 (Hague Service Convention). The Central Authority (Registry of the Supreme Court) coordinates legal services according to local rules, and translated documents must be in the official language of Barbados. Hague Service Convention procedures typically take nine to twelve months.
Informal service may be possible depending on the foreign jurisdiction’s laws, and hiring local lawyers or private process servers can help serve documents in compliance with rules. This process can be completed in days rather than weeks.
To gather evidence for overseas proceedings, an application for an order under Part 71 of the CPR must be submitted, along with affidavit evidence demonstrating the need for evidence. Requests must be translated into English if necessary. Witnesses are examined by the applicant’s chosen examiner or the court’s examiner, and the deposition and sealed certificate are sent to the requesting jurisdiction.
Barbados is also a party to the HCCH Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970 (Hague Evidence Convention). The execution of requests may be governed by Barbados’ domestic procedural rules (Part 71 of the CPR).
The Foreign and Commonwealth Judgments (Reciprocal Enforcement) Act handles judgment enforcement in Barbados. An application and supporting affidavit must be submitted within twelve months of the decision, and the execution of registered judgments is allowed after the time for challenging registration has passed.
The Governor General may extend the enforcement process to other Commonwealth nations if satisfied with their provisions for recognizing and executing decisions obtained in Barbados. For judgments from non-UK or non-Commonwealth countries, new actions must be filed in Barbados to collect the sum owed under the foreign judgment. The Barbados judgment can then be enforced to collect the debt.
Barbados is not a signatory to any treaties or conventions regarding the execution of foreign judgments.
To better understand the practical application of Barbados’ process service rules and laws, consider the following case studies:
These case studies illustrate the practical application of Barbados’ process service rules and laws, demonstrating how claims are filed, served, and heard in the country’s courts, as well as how foreign judgments can be enforced.
Understanding Barbados’ process service rules, laws, and court procedures is essential for anyone involved in legal matters within the country. This comprehensive article has provided an in-depth look at the legal system, court structure, and procedures for serving claims, filing documents, and enforcing foreign judgments. By familiarizing themselves with these aspects of the Barbadian legal landscape, legal professionals, businesses, and individuals can more effectively navigate the complexities of the system.
For further information and to access primary sources, readers may consult the following resources:
By leveraging the information provided in this article and accessing these additional resources, readers can gain a more comprehensive understanding of Barbados’ process service rules, laws, and court procedures.
Written by: Undisputed Legal Inc.
“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A
Sources
1. It has original, binding jurisdiction over:
1. Disputes between parties to the agreement establishing the Caribbean Court of Justice;
2. Disputes between any party to the agreement and the Caribbean Community; and
3. Disputes referred to it by national courts or tribunals of parties to the agreement. A person may file an application with the Caribbean Court of Justice under the Caribbean Court of Justice Act for assistance in interpreting or applying the treaty.
2. If a warrant is not executed within one month of its delivery to the Marshal, the Marshal must explain why it has not been executed in the book he keeps for that purpose and execute the warrant as soon as practicable. The Marshal must also be available to any person who files a claim against him at all reasonable times and must provide the claimant with a copy of the book containing this information.
3. According to the regulations, a typical pre-action process should consist of the following:
Writing a letter outlining the claim is a requirement for a claimant. Promptly (within seven days of receipt), the defendant acknowledged the letter and responded in writing. There are no defined consequences for violating the appropriate protocols. A failure may, however, factor into the court’s decision to issue a management and/or costs order.
4. The deadline for filing a claim form is 12 months from the day it was issued.
5. Mareva injunctions, sometimes known as freezing orders, are available under Barbados law as interim measures to safeguard assets until verdict. However, in reality, they are seldom given.
6. The government of Barbados has established a Law Reform Commission to reevaluate and update current laws and draft and pass brand-new ones. A bill concerning the admissibility of electronic evidence has been flagged for introduction by the Law Reform Commission. In addition, later this year, the Supreme Court Registry will begin accepting electronic filings according to the newly formulated practice guidelines
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