Eastern Caribbean Supreme Court

The Eastern Caribbean Supreme Court (ECSC) is a superior court of record for the Organisation of Eastern Caribbean States (OECS),[1] including six independent states: Antigua and Barbuda, the Commonwealth of Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines and three British Overseas Territories (Anguilla, British Virgin Islands, and Montserrat). It has unlimited jurisdiction in each member State.

This article is about the superior court of record for OECS member states. For the appeal court of the Caribbean Community, see Caribbean Court of Justice.

Eastern Caribbean Supreme Court
Established27 February 1967 (1967-02-27)
Jurisdiction
List of countries
LocationCastries, Saint Lucia (Headquarters)
MottoFiat Justitia
Composition methodAppointed by the Monarch (Chief Justice) and the Judicial and Legal Services Commission (Other Judges)
Authorized bySupreme Court Order
Appeals toJudicial Committee of the Privy Council
Caribbean Court of Justice
Appeals fromMagistrates' Courts
High Courts
LanguageEnglish
Websitewww.eccourts.org
Chief Justice
CurrentlyJanice Pereira
Since24 October 2012 (2012-10-24)

History

The ECSC was established in 1967 by the West Indies Associated States Supreme Court Order No. 223 of 1967. In relation to Grenada, the Court is styled "the Supreme Court of Grenada and the West Indies Associated States". See section 105 of the Grenada Constitution.

Functions

The functions of the ECSC are as follows:

  • To interpret and apply the laws of the various member states of the OECS;
  • To decide cases of both civil and criminal matters;
  • To hear appeals.

Appeals from the ECSC

Appeals from the ECSC can be lodged in defined cases to the Judicial Committee of the Privy Council in the United Kingdom (in cases from Antigua and Barbuda, Grenada, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Anguilla, British Virgin Islands, and Montserrat) or the Caribbean Court of Justice in Trinidad and Tobago (for cases from Dominica and Saint Lucia[2]).

Composition

Judges

To be a judge or master of the Eastern Caribbean Supreme Court, a person must have served as a judge in a Commonwealth jurisdiction or be qualified to act as a lawyer in a Commonwealth jurisdiction. An appointee does not need to be a national, judge, or lawyer of a country within the jurisdiction of the Court. The Chief Justice is appointed by the King of the United Kingdom by Letters Patent as advised by the Lord Chancellor.[3] Other judges are appointed on behalf of the King by the Judicial and Legal Services Commission.

High Court Judges and Masters are assigned to reside in and hear cases from a specific member state. It is common for judges to be asked to work in countries other than their home state. Judges are only occasionally assigned to reside in Montserrat and Anguilla—because of the small population of these countries, judges from the other jurisdictions hear cases that arise from these two jurisdictions. The Court of Appeal is itinerant and travels to the various countries to hear appeals.

Judges have life tenure but Justices of Appeal must retire when they are 65 and High Court Judges must retire when they are 62. Extensions of up to three years may be granted by the Judicial and Legal Services Commission only if all of the states agree to such an extension.

Current composition
NameAssigned stateHome statePositionAppointed to current position
Janice PereiraCourt of Appeal: All states British Virgin IslandsChief Justice2012
Davidson BaptisteCourt of Appeal: All states DominicaJustice of Appeal2009
Mario MichelCourt of Appeal: All states Saint LuciaJustice of Appeal2012
Gertel ThomCourt of Appeal: All states GuyanaJustice of Appeal2014
Paul Anthony WebsterCourt of Appeal: All states JamaicaJustice of Appeal [Ag.]2015
Gerard FararaCourt of Appeal: All states British Virgin IslandsJustice of Appeal2020
Trevor WardCourt of Appeal: All states Trinidad and TobagoJustice of Appeal2022

High Court Judges
 Anguilla
  • Ermin Moise
 Antigua and Barbuda
  • Nicola Petra Byer
  • Ann-Marie Smith
  • Marissa Robertson
  • Colin Williams
  • Jan Drysdale
 Dominica
  • Wynante Adrien-Roberts
  • Jacqueline Josiah-Graham
 Grenada
  • Paula Gilford
  • Victoria Charles-Clarke
  • Raulston Glasgow
  • Agnes Actie
 Montserrat
  • Iain Charles Morley, KC
 Saint Kitts and Nevis
  • Iain Charles Morley, KC
  • Patrick Thompson Jr. (Nevis Circuit)
 Saint Lucia
  • Cadie St. Rose- Albertini
  • Vivian Georgis Taylor-Alexander
  • Shawn Innocent
  • Kimberly Cenac-Phulgence
  • Rohan Phillip


 Saint Vincent and the Grenadines
  • Brian Cottle
  • Esco Henry
  • Rickie Burnett
 British Virgin Islands
  • Richard Floyd
  • Gerhard Wallbank [Ag.]
  • Adrian Jack [Ag.]

Chief Justices
NameHome stateDates
Allen Montgomery Lewis Saint Lucia1967–1972
P. Cecil Lewis (acting) Saint Vincent and the Grenadines1972–1975
Maurice Davis Saint Kitts and Nevis1975–1980
Neville Peterkin Grenada1981–1983
Neville Berridge (acting) Saint Kitts and Nevis1983–1984
Lascelles Robotham Jamaica1984–1991
Vincent Floissac Saint Lucia1991–1996
Charles Michael Dennis Byron Saint Kitts and Nevis1996–2004 (acting 1996–1999)
Adrian Saunders (acting) Saint Vincent and the Grenadines2004–2005
Brian George Keith Alleyne (acting) Dominica2005–2008
Hugh Anthony Rawlins Saint Kitts and Nevis2008–2012
Janice Pereira British Virgin Islands2012–present

Location

The Headquarters of the ECSC is in Castries, Saint Lucia, where it is located on the second floor of the Heraldine Rock Building, Block B, on the Waterfront. The building houses the Justices of Appeal's chambers, the Court of Appeal Registry, the Judicial Education Institute, Library, and the Administrative Services.

In addition, there are Court Offices in the nine Member States, which house the chambers of the High Court Judges and the offices of the High Court Registry. Each High Court Registry is headed by a legally trained Registrar who provides the necessary administrative and legal support for the functioning of the High Court.

Notable people

See also

References
  1. John Hatchard (ed.) Directory of Commonwealth Law Schools 2003-2004. Cavendish Publishing. 2003. ISBN 1-85941-758-2; page 122.
  2. "In Saint Lucia, parliament passes constitutional amendment to replace Privy Council with Caribbean Court of Justice as final court of appeal". ConstitutionNet. 2 March 2023. Retrieved 20 June 2023.
  3. "Vacancy Notice – Chief Justice of the Eastern Caribbean Supreme Court". Eastern Caribbean Supreme Court. Retrieved 11 September 2022.
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