Procedures
Supreme Court Civil Procedure Rules 2008 with CCJ appeals
The Supreme Court (Civil Procedure) Rules 2008 govern High Court proceedings, with an overriding objective, case management conferences and standard disclosure. Claims are issued in the High Court, or in a Magistrates' Court for lower-value matters. Appeals go to the Court of Appeal and then to the Caribbean Court of Justice, which replaced the Privy Council in 2005.
Key rules
- Jurisdiction — Magistrates' Courts, High Court, Court of Appeal, then the CCJ
- Deadline — Acknowledgment of service: 14 days from service of the claim form
- Deadline — Defence: 28 days from service of the claim form
- Deadline — Appeal to the Court of Appeal: 42 days from the order
- Deadline — Contract and tort limitation: six years; personal injury four years
Governing law
- Supreme Court (Civil Procedure) Rules 2008
- Supreme Court of Judicature Act, Cap. 117A
- Limitation of Actions Act, Cap. 231
- Arbitration Act, Cap. 110
In practice
The four-year limitation period for personal injury sits apart from the general six-year rule and is the trap in practice, because it is short and runs from the date of the injury or of knowledge. Appeals to the CCJ are heard in Port of Spain or on circuit and, unlike Privy Council appeals, do not require the expense of London counsel, which has broadened access at the final appellate level.