HOW THE CENTRAL AUTHORITY WORKS IN ANGUILLA

This article will provide guidance on How the central authority works in Anguilla.  Anguilla is a British Overseas Territory with internal self-governance and executive powers held by the British Crown through an appointed Governor. The Governor leads the Executive Council, also known as the Cabinet, which oversees the overall direction of the Government. The House of Assembly has eleven Members, including two ex-officio members (Attorney General and Deputy Governor). The Anguillan Government consists of a Premier who serves as the Minister of Finance and three Ministers with various ministerial portfolios. The Governor has powers in legislation, external affairs, offshore finance, defense, internal security, and public service.

Serving legal documents in Anguilla can be a complicated task. It is often difficult to keep track of the legal structure in Anguilla. However, at Undisputed Legal, we handle the tedious tasks with a smile. We want to ensure that your papers are cared for, especially considering how much of a variable international service can be. Click here for a video on International Process Service

Background

Anguilla’s relationship with the UK Government is crucial due to its oversight role on the island.  The Eastern Caribbean Supreme Court (ECSC) is the superior court of record for the Organisation of Eastern Caribbean States (OECS). It covers six independent states and three British Overseas Territories. It has jurisdiction in every member State without limitations.

The ECSC was created in 1967 through the West Indies Associated States Supreme Court Order No. 223 of 1967. The Court in Grenada is known as the ‘Supreme Court of Grenada and the West Indies Associated States.’  The functions of the Eastern Caribbean Supreme Court include interpreting and applying laws from different member states of the OECS, deciding civil and criminal cases, and hearing appeals. Appeals from the ECSC can be made to either the Judicial Committee of the Privy Council in the UK or the Caribbean Court of Justice in Trinidad and Tobago, depending on the country involved.

To become a judge or master of the Eastern Caribbean Supreme Court, one must have prior experience as a judge in a Commonwealth jurisdiction or be eligible to practice law in a Commonwealth jurisdiction. Appointees to the Court do not require national, judicial, or legal qualifications. The Chief Justice of the United Kingdom is appointed by the King through Letters Patent, based on the advice of the Lord Chancellor.  The Judicial and Legal Services Commission appoints judges on behalf of the King. 

High Court Judges and Masters are assigned to a specific member state for residence and case hearings. Judges often work in foreign countries. Judges are rarely assigned to reside in Montserrat and Anguilla due to their small populations. Instead, judges from other jurisdictions handle cases that arise from these two countries. The Court of Appeal travels to different countries to hear appeals. It may be difficult and time-consuming to figure out how to serve legal papers in a foreign jurisdiction like Anguilla. Accuracy, compliance with local legislation, and an in-depth knowledge of the legal environment are crucial in international law, especially in the service of process. The knowledge and support that professional process servers like those at Undisputed Legal can impart are important in such situations.

How are court summons delivered in Anguilla?

A document can be filed by delivering, posting, sending by FAX, or transmitting electronically as authorized by the Chief Justice. The document should be filed at the court office where the claim is being processed or will be processed. Documents are filed on the day they are received at the court office. If received after office hours, they are filed on the next open day. A document is considered filed only when the fee is paid or when an acceptable fee payment undertaking is received by the registrar. Anguilla relies heavily on both domestic and foreign process servers to ensure all necessary parties are given timely notice of court proceedings involving them. This notice is required by law and represents a core value of justice, ensuring that all parties are given a fair chance to be heard in court. Undisputed Legal aims to uphold these values and provide efficient and accurate delivery of documents.

The court must seal the claim form, notices of appeal, and all judgments, orders, or directions. The court can place the seal on a document by hand or by electronically printing a facsimile. The court requires the registrar’s signature on all judgments, orders, and directions. A document with the court’s seal is admissible as evidence without additional proof. Forms are a type of document or template that is used to collect information from individuals.  Forms can be modified if necessary based on the specific circumstances of a case. If the Rules require a party to send a blank form to another party, they must send it without any changes except for adding the title of the case and the court’s address for returning the document.

A statement of case must include an address within the jurisdiction for document service. The address for service should include the name or reference of the legal practitioner handling the matter, as well as their telephone and fax numbers if applicable.  A certificate of truth is required to verify every statement of the case. The certificate of truth requires a personal signature. If the party cannot sign the required certificate, they can have their legal practitioner sign it instead.

Upon payment of the required fee, individuals can search, inspect, and obtain copies of specific documents filed in the court office. These documents include a claim form, a notice of appeal, a judgment or order issued by the court, and any other document with the court’s permission, which can be obtained through an application without notice. This does not restrict a party from searching, inspecting, and copying any affidavit or document filed in the court office during or before the proceedings. Documents in court custody cannot be removed from the court office without permission from the court, except when they need to be sent to another court office or a magistrate’s court.

The general rule is that each defendant must be personally served with a claim form. The Chief Justice can use electronic communication (such as FAX and email) to serve a claim form through a practice direction. Service of the claim form necessitates including the statement of claim, an affidavit or other document if required, any relevant orders, and any applications made. These documents must be served with the claim form unless the statement of claim is already included. At Undisputed Legal, we are familiar with local and international rules for the service of papers. We aim to provide complete and accurate service.

Forms of Service in Anguilla

The personal service of the claim form is verified through an affidavit from the server. The affidavit includes the service’s date, time, and specific location. An affidavit must be filed to serve someone based on a photograph or description. The affidavit should verify that the description or photograph matches the intended person to be served and explain how the person making the affidavit is able to verify the match.

The claim form can be left at the company’s registered office, sent by telex, FAX, prepaid post, or cable to the registered office, served personally on an officer or manager at any business location connected to the claim, served personally on any director, officer, receiver, receiver-manager, or liquidator of the company, or served in any other way permitted by law. Service by post is confirmed through an affidavit of service by the person who posted the claim form to the intended recipient. The affidavit should include a copy of the claim form, the address it was sent to, and the posted date and time. Electronic service of process, also known as e-service, is a method of delivering legal documents electronically. It provides proof that the documents have been served to the intended recipients.

Service by electronic means is confirmed by an affidavit of service from the person responsible for sending the claim form to the recipient. The affidavit should include a copy of the document served, any cover sheet or email related to that document, the transmission record, and proof of electronic service. It must also state the electronic means used for serving the document, the email address or FAX number to which it was transmitted, and the date and time of the transmission.

Parties can choose an alternative method of service instead of personal service. If a party decides to use a different method of serving a claim form, and the court is asked to take any action based on the claim form being served, the party who served the claim form must provide evidence in the form of an affidavit to show that the chosen method of service allowed the defendant to understand the contents of the claim form. Undisputed Legal will ensure that your documents are appropriately served regardless of the method. 

What does the registrar do 

The mandate of the Registrar is to guarantee that the Supreme Court’s administration is done in a timely, efficient, and effective way, as well as to monitor and direct the High Court Staff, professional registrations, and archive resources. The Registrar must ensure that the High Court and Court of Appeal (Civil and Criminal) business is efficiently managed to accomplish specified goals, which also involves managing the administrative personnel of the High Court.  

The Registrar needs to oversee and coordinate the operations of ECSC, Court Mediation, Professional Registrations, Deeds, Public Records, Archives, and other services within the framework of the High Court in order to achieve effective management of those services using the shared staff and resources of the High Court and Magistrate’s Court. This also involves managing Court Administration via electronic and manual management (JEMS), Court Mediation, and the ECSC E-Litigation Portal and overseeing the financial administration of Supreme Court funds.

 The Supreme Court Registrar (Anguilla Circuit) performs duties as assigned by the Chief Justice/Judge/Master and the Chief Registrar. As Deputy Registrar of the Court of Appeal, compile outcomes certificates, the Digest, and Certify records for the Privy Council; they create and/or oversee quarterly reports on the operational performance of High Court Judges and Masters. The Registrar also assists the Clerk of the Court of Appeal, the High Court, and the Master’s Chambers by entering default Judgments, conducting judgment debt examinations, assessing costs, and processing grants of probate/administration.

The Registrar manages and supervises the ECSC E-Litigation Portal by overseeing court exhibits’ registration, custody, and storage. This includes executing and supervising the Criminal and Civil Divisions of the High Court and the Court of Appeal of the ECSC’s hearing schedules.

United States Power of Attorney in Anguilla

A Power of Attorney (POA) is a written authorization to act on behalf of another in business, legal matters, or private affairs. The person who grants authority to another person to act on their behalf is the donor, grantor, or principal. The recipient of authority is the agent or attorney-in-fact. In the past, ‘power’ referred to a sealed instrument, while ‘letter’ referred to a handwritten instrument. Currently, both documents are signed by the grantor and do not have any further differences.

The capacity of a grantor refers to their legal ability to create and transfer property rights through a grant or conveyance. A Power of Attorney requires the principal or grantor to have mental capacity. The power of attorney becomes invalid if the grantor loses the capacity to grant permission due to injury, sickness, or mental incapacity. A durable power of attorney remains effective even if the grantor becomes incapacitated. Without a power of attorney, a third party can seek a conservatorship or guardianship through the court to act on behalf of the grantor.

The Power of Attorney can be oral or written, depending on the jurisdiction. The validity of a witness in court determines the equivalence of a power of attorney to its written form. Power of attorney is generally required in writing, depending on its intended use. Power of attorney must be in written form for the International Revenue Service, hospitals, banks, and nursing homes to honor them.

In Anguilla, a durable power of attorney is a legal document that grants someone the authority to make decisions on behalf of another person, even if they become incapacitated. The power of attorney remains valid despite the principal’s incapacitation. This is also referred to as a durable or enduring power of attorney.   

In a court case, having the proper paperwork and evidence of service is crucial. Proof that legal papers were served in a timely manner may be found in the records kept by the process servers at Undisputed Legal. If the legality of service is ever challenged, these documents will be important evidence.

Is a US notary valid in Anguilla?

Anguilla, a UK overseas territory, joined the Hague Service Convention Abolishing the Requirement of Legalisation for Foreign Public Documents in 1965. Legal communication with other Convention member states requires no diplomatic authentication or consular legalization. The documents must be attested by an apostille certificate from the issuing state’s authorities to be valid in the destination state.

The form must be completed in the official language of the issuing authority. The French heading Apostille (Convention de la Haye du 5 octobre 1961)’ is a requirement for the validity of the apostille. The Ministry of Commerce and Financial Affairs issues the apostille. Government-issued English public documents are eligible for apostille certification.

In Anguilla, apostillization of public documents involves verifying the document’s origin and the authority of the officials who signed, sealed, or stamped it. After verification, the apostille stamp is added to the public document or its certified copy. The apostille is typically placed on the back of the public document or a separate page. To use an Anguilla document in the United States, it must be legalized by the British authorities in Anguilla. The process involves obtaining an apostille. This simplified legalization process enables document usage in the United States. To use a United States document in Anguilla, you need to follow the process of legalizing said documents for international use. English documents can be used in the United States without translation. However, the document should be both original and comprehensive. It is necessary to include any referenced documents or annexes.

Apostille authentication can be applied to [A.] civil status certificates, including birth, death, marriage, and divorce certificates; [B.] education documents, including school reports, certificates, and diplomas; [C.] commercial register excerpts; [D.] court decisions referring to the rulings made by a court of law in a legal case [E.] notarized copies of documents; [F.] notarially certified translations, being translations that have been officially verified and authenticated by a notary public; [G.] additional notarial documents include authorizations, last wills, and declarations and [H.] commercial documents such as articles of incorporation, registration certificates, and tax registrations are legalized by a state registration body.

The apostille is only issued for the original document. The latter should be in good condition, with clear and readable stamps and signatures. Additionally, it should be free of any foreign symbols or tags. At Undisputed Legal, we offer legalized public document services and high-quality translations. We offer extracts from Anguilla’s commercial register, including apostille and translation services.

The average processing time for documents is 14 days. The British authorities in Anguilla can issue an apostille. It is important to remember that legalization does not verify document authenticity or content truthfulness. The legalization of a document confirms that it has been properly signed. The legal dangers connected with incorrect service might be reduced using a professional process service agency like Undisputed Legal in Anguilla. We are constantly expanding our knowledge base so that you will not have to worry about service-related problems or challenges in court.

OUR PROCESS

Documents can be faxed to (800) – 296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.  Click Here for Frequently Asked Questions About Process Servers!

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados| Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland| Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia| Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia| Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN ANGUILLA

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Anguilla process service needs; no job is too small or too large!

Please feel free to contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“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. Refer to Section 105 of the Grenada Constitution.

2. The certificate from a legal practitioner should be in the following format: ‘I, [name of the legal practitioner], certify that the [claimant or relevant party] believes the facts stated in this [document name] are true. This certificate is given based on the instructions of the [claimant or relevant party]. The court can dismiss any unverified statement of the case without a certificate of truth. The right to examine specific documents filed in a court office.

3. A personal certificate of truth should be in the format: ‘I [name] certify that I believe the facts stated in this [name document] are true.’

4. Electronic confirmation of delivery can serve as proof of service for electronically served documents. This confirmation may include a written email response, a read receipt, a successful fax transmission notification, or an automated response indicating that a document was posted in an online shared drive.

5. The Registrar also serves as the Keeper of Public Records, Public Archives, and Deeds, the Registrar of the Anguilla Medical Registry, the Registrar of the Roll of Barristers and Solicitors, Commissioners of Oaths, Notary Public, and Justice of the Peace.

6. The role of the Registrar is also to:

  1. To manage the resources shared with the Magistrate’s Court in accordance with policies, processes, plans, and so on.
  2. Planned, directed, and monitored employee performance, development, and assessment.
  3. Create, administer, and design archiving and retrieval systems for public documents, court administration, and so on.
  4. Oversee the Registers of Medical Practitioners, Barristers, Solicitors of the Eastern Caribbean Supreme Court, Commissioners of Oaths, public notaries, and Justices of the Peace.
  5. Monitor Court Mediation.
  6. Oversee and direct the Court Reporting Unit.
  7. Direct and supervise the Execution process service.
  8. Oversee the financial administration of Supreme Court funds.
  9. Take part in disaster management activities to prepare for, mitigate, and respond to disasters.
  10. Create and execute strategies to improve and sustain a high level of customer service in the public sector.
  11. Carry out any additional relevant responsibilities as assigned by the job function.

7. Power of attorney for springing authority. This document is only applicable in the event of the grantor’s incapacitation. After incapacitation, the power is the same as a durable power of attorney. A spouse can be granted the power to manage the grantor’s affairs in situations where the grantor cannot do so due to injury or illness.

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The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.