Tag Archives: Barbados Judiciary

Tales from the Courts – CJ Marston Gibson Usurps the Legislature With Practice Directions (MEDIATION/ALTERNATIVE DISPUTE RESOLUTION) XXXI

It is very interesting to BU that none of our legal fraternity has come out publicly, YET, to condemn the lack of legality of the new Practice Directions handed down by Marston Gibson, despite the fact that they have been widely publicized by the Nation newspaper. Needless to say, if you go on the Supreme […]

33 Comments Continue Reading →

Philip Nicholls and the Cottle Catford Matter, Questions

The release of the book published by Philip V. Nicholls More Binding Than Marriage – the former partner of the once venerable Cottle Catford law firm – has only served to exacerbate public scrutiny of the legal profession. Those who read the book were astounded by many revelations shared by Nicholls. Until now the public […]

77 Comments Continue Reading →

Tales From the Courts – Bar Association Complicit XXII

Given the fact that the Bar Association (BA) has now debunked Barry Gale as its president, the actions by the Chief Justice (CJ) in interfering in matters in which he has no authority must now raise the suspicion that the CJ’s conduct was designed to shore up Barry Gale’s position as president of the BA, […]

120 Comments Continue Reading →

Tales from the Courts – Has Chief Justice Gibson Brought the JUSTICE System into DISREPUTE? XXI

On June 19, 2004, Chief Justice Marston Gibson weighed in on the dispute that BU has been covering for some time. That of the Constitution vs the Legal Profession Act Cap 370A. BU has obtained a letter from the CJ to Mr Barry Gale QC, the president of the Bar Association  – see letter sent […]

138 Comments Continue Reading →

Tales from the Courts – No Excuses Says Former Judge XX

The idea anyone should have to spend eleven years on remand or have to wait a decade to have an appeal heard is unacceptable in any society concerned with delivering justice.  When unacceptable delays occur, and some will be justifiable,  the legal maxim justice delayed is justice denied comes into play and must be addressed […]

44 Comments Continue Reading →

Tales from the Courts – Arresting the Slide XIX

We do not accept that our judiciary is tardy or indecisive. Rather, a distinction must be made between the judiciary and the administrative aspects of the justice system – Nation newspaper (June 14, 2014) It is taboo for the local media to be hostile at the judiciary. BU has been one of the few voices […]

94 Comments Continue Reading →

A Message to Judges, Deliver Timely Decisions or We Withhold Your Pay

When mention is made of layoffs in the public sector no thought is ever given to extending the treatment to our referred Judges. BU has been relentless in the effort to expose the inefficiency of the Judiciary – see Tales from the Courts. Chief Justice Marston Gibson of whom much was expected has resigned himself […]

32 Comments Continue Reading →

Notes From a Native Son: Unless We Create an Equal Society We Will Have Serious Social Problems

Introduction: Lawyers and public commentators in Barbados have now discovered the concept of human rights, but missing from public political and economic discourse is any reference to inequality, the moral foundation of a fair and just society. The nearest we come to any mention of inequality in public space is the flawed reference to so-called […]

15 Comments Continue Reading →

Tales from the COURTS – The Tangled Web of Probate Applications Part XIX

The Registrar opines that in light of the decision in CV 427/2012 entitled Edmund King & Cecil Smith v Marva Clarke the system of processing probate applications is to be changed and that counsel dealing with such applications must now pay for the advertising of the probate application and provide proof of such application, before […]

49 Comments Continue Reading →

Tales from the Courts – Mars(ton) and Pluto Were Inside the Closet Part XVIII

For some years now BU has been highlighting the issue of the almost terminal state of our justice system. We have been highlighting, among other things, the backlog of cases both before the High Court and the Court of Appeal, the complete inefficiency of the Registry with its loss of files and procrastination, the mess […]

56 Comments Continue Reading →

Tales from the Courts – Jumpstarting the Barbados Courts XVIII

A thought provoking outburst by former President of the Barbados Bar Association Andrew Pilgrim published in today’s press. He is probably right about the need to installed more judges on the bench, BUT surely it also has a lot to do with the quality of judges appointed. Of course not to be forgotten is the […]

90 Comments Continue Reading →

Tales from the Courts – A lucky Dip into the Decisions of the Barbados Court of Appeal Part XVII

“Justice Delayed Is Justice Denied” – British politician William Gladstone A dip into decisions of the Barbados Court of Appeal  by BU legal eagles has provided the opportunity to critique the case James Livingstone Eastmond v. Rayside Concrete Works Limited [Unreported] C.A. B’dos Civil Appeal No 18 of 2003. The decision was handed down on […]

26 Comments Continue Reading →

Tales from the Courts – The Record of Chief Justice Sir Marston Gibson Part XVI

Original blog posted 2.43AM 15/08/13 – Updated 6.44PM 15/08/13 Chief Justice Sir Marston Gibson is reported in the Nation as having stated that he will shortly start to throw out old cases. It is now two years since Sir Marston, amid much controversy, took over the role of Chief Justice of Barbados, and delivered promises […]

30 Comments Continue Reading →

First Caribbean International Bank Not Honouring Court Judgement Handed Down Since 2009–Boycott on the Cards?

Judgment (Suit No: CV1339 of 2008) in the Matter Justin McIntosh, Brunetta McIntosh v First Caribbean Int’l Bank (B’dos) Ltd The above judgement in the case Justin McIntosh, Brunetta McIntosh v First Caribbean International Bank (B’dos) Ltd was delivered since May 2009.  To date, the bank has still not paid the cost for replacing the […]

126 Comments Continue Reading →

A Moribund Entity that is the Barbados Bar Association

When Andrew Pilgrim took up the post of President of the Barbados Bar Association, BU was very optimistic that in tandem with newly appointed CJ Gibson, some efficiency would have been achieved in our court system. We were wrong. To compound the perception that the Bar is a moribund entity it has been three months […]

37 Comments Continue Reading →

Tales From the Courts – Marva Clarke Gone: Oh Happy Day Part XV

For some years now, BU has been seeking the removal of the Registrar, Marva Clarke. Now, she is gone. We are told that it was voluntary and that she was not asked to resign, but that she did so anyway, since it had been made clear to her that, under Gibson CJ, she would never […]

60 Comments Continue Reading →

Tales from the Courts – Madam Justice Cornelius Delivers on the Dr. Richard Ishmael v QEH Matter, FINALLY Part XIV

We see the ruling on Dr Ishmael has at last been given by the courts. The Nation has published the decision which is highly unflattering to the MoH and the QEH. BU refers readers to the recent Tales From The Courts, where some of the issues discussed are similar and pertinent to this edition. The decision […]

59 Comments Continue Reading →

Institutional Cracks are Appearing: Whither Transparency and Democracy

In contemporary Barbados, several questions are being raised by the inquiring citizen whose voice attracts the political whip. Many persons could care less of an individual’s curiosity or the need to know once  burning issues are scrutinised. Inquirers and commentators are often. In contemporary Barbados, several questions are being raised by the inquiring citizen whose […]

27 Comments Continue Reading →