The Judiciary – Barbados is Really, Truly an Island

Submitted by Loose Cannon (name withheld)

NO WHERE ELSE IN THE WHOLE WIDE WORLD  are Judges like here.

I am self representing  in various matters in the HIGH COURTS of Barbados and one Judge made an Order.
IT IS ORDERED THAT:
    1….
    2.The Claimant be advised to engage the services of an attorney-at-law..
    3…..
So I asked a question. The Judge recused self. But that is not the worse.  Since September 19, 2019 the Judge has held the file and because of that I cannot get to process another Judge or new Date.  Why is the file being kept?  what the hell is this?  In another matter the Judge recused himself because he knew the Defendant and he gave the file back to his Clerk to return to the Registry so that the matter could proceed. That has happened.
Another matter, another Judge the case was dismissed with cost.  I was absent. No Defense on file no Application. SUMMARILY DISMISSED. No where else in the World are judges dismissing matters cases “summarily” without exquisite care. The following link is an indication of the guidelines for such actions.
All across the Commonwealth Judges are prudent and rational Officers of justice. It seems to be the opposite in Barbados.  The Attorney General recently opined that the judicial process will be sped up with the compliment of new Judges.   We seem to have the Peter Principle permeating in the Judiciary.  At least my experience, one too many tells this woeful tale.
Case after case judges have rejected Applications to Strike Out of Dismiss “summarily” (at beginning of case) (you hear? APPLICATION TO……).
Unless
  1. it is “plain and obvious” that the claim discloses no reasonable cause of action;  or they
  2. are patently ridiculous or incapable of proof.   No Application in this case but matter Dismissed.
I don’t want to be conceited but not by a stretch of the imagination is my case in either of those categories, but then again, it boils down to depth and breadth of knowledge. You know WHAT YOU DO NOT KNOW.  and you can learn a lot from a Dummy.
So listen up.   Goldie Muirr (Israel’s PM) said Never again. Never again must Lawyers file or continue to use this Low-Down method/strategy to have their Clients avoid facing Justice.
In a Landmark Appeal case in UK the Appeal Judge noted:  Diplock LJ said: ‘Thomas William Harkness, retired boiler-lagger, if he had followed, as I have no doubt he has, the intricacies of the interlocutory proceedings in the case, must have thought that `the law is an ass’. I am not sure that this judgment will change his opinion, but at any rate he will not feel it is such an unjust ass as he must have felt before. It was to remedy just this kind of injustice that the new RSC Ord 2 r 1 was made.’
I don’t know; but sometimes (the operators make) the law looks like an ass.
In another in London the Learned Judge  opined:
  1. The new rules (CPR) should be construed widely and generously to give effect to its manifest intentions.
  2. I am in no doubt that the manner in which the Judge (lower court) exercised his discretion is seriously flawed. (Judges make mistakes too but on what grounds did the Judge in my case make his mistake, with no Application to Dismiss?) Are we in the          30’s Wild West?
  3. If we do not make an Order directing the correction of these errors, and we leave the judge’s order to stand, in my judgement the result would be the antithesis of justice.  The Claimant’s Claim would be struct out in its infancy without and opportunity to investigate its merit and the Defendants would receive an unjustified windfall.
These Judges, Lord this and Lord that are beautifully BRILLIANT in their determinations.
In another landmark case in London, with an  Application to Strike Out  again, the Lower Court judge in refusing opined
Facts
  1. The claimant, Faiz Siddiqui, was a history student at the University of Oxford, who sat his final examinations in June 2000 and obtained a 2:1 degree.
  2. The claim was issued on 26 August 2014.
  3. The defendant applied to strike out and/or sought summary judgment so as to prevent the case from going to trial.
Under section 33 of the Limitation Act 1980 the court has discretion to extend the three year limitation period for bringing a claim for personal injury. The judge was firmly of the view that this issue ought to be determined with the benefit of oral evidence and cross-examination. He did not consider that this was a case in which the prospect of the trial judge being persuaded to extend time and disapply the primary limitation period was too low to justify a trial of the issue.
JUDGEMENT
Strike out denied.  Justice Karr opined that with all the evidence from both parties, “It seema to me, that the University has a case to answer”.
Where are we with justice?   Judges ought NOT to be allowing perpetrators to “get away with murder” behind technical and frivolous grounds.  There will be anarchy in the land.
Know your rights and options regarding summary strike Outs and dismissals.  There are a plethora of cases of denied strike outs and dismissals online so be armed with your smoking guns:
  • commonwealthLII.com
  • CanadaLII.com
  • EnglandandWalesLII.com
  • ScotlandLII.com.
  • AustraliaLII.com   and more
Better yet Defend yourselves.  All the information is now on line. This shit has to stop. So to Appeal we go.  More costs, paper and time.

25 comments

  • Too many judges out there whose actions are questionable, half of them should not even be on the bench..they are political pimps and yardfowls, handpicked and placed to serve political masters and not the people …the taxpayers…who NOT ONLY pay their salaries, pay for their mercedes benz, pay their security detail possibly the very houses they live via housing allowance……they are not PLACED there to dispense justice to the people, it is all about dishing out injustice…to line their own pockets, feather their nests and do the bidding of the criminals in parliament.

    Judges should be elected BY THE PEOPLE, so they can be THROWN OFF THE BENCH by the people when they are as corrupt as many are now being accused……they should not by handpicked by their fellow criminals from the bar association who are elected.. to parliament.

    Like

  • Dentistry Whisperer (M. Pharm. D) LinkedIN

    At last you’ve finally got it! Barbados is just another “Island in the sun”. Mia should cut out the narcissism and drop the cliche – “God is a Bajan”. God loves the humble. Haynes Darlington (M.Pharm.D)

    Like

  • SirSimpleSimonPresidentForLife

    WURA-WAR-on-UNovember 8, 2019 4:49 AM “Judges should be elected BY THE PEOPLE, so they can be THROWN OFF THE BENCH by the people.”

    You sure this would work out fa we? In Barbados we have been electing people since 1951, and do our elected officials always work in the best interest of those who elect them?

    Wait! I betta not ask you that question. I betta ask Donville.

    Elections may not actually be a magic formula.

    Liked by 2 people

  • Simple…when a judge is elected by the people…and come up for reelection years later and is found to be a corrupt idiot…THE PEOPLE…never reelects that judge..

    ….ah don’t see judges gathering yardfowls in the general populi so therfore it cannot be the same as electing a corrupt government minister…who ALWAYS have yardfowls trailing them in hopes of getting crumbs…

    Like

  • @ Loose Cannon

    De ole man going have to read this article 5 times cause um has in soooooo many issues dat I ent know where to start!

    You said and I quote

    “…But that is not the worse. Since September 19, 2019 the Judge has held the file and because of that I cannot get to process another Judge or new Date.

    Why is the file being kept? what the hell is this?…”

    I shall first ask this question.

    OF THE CASES IN OUR COURTS how many cases arise where the the Judge has kept the file AND NO ONE ELSE CAN HEAR THE MATTER?

    For 7 years!!!

    Q2.Cognisant of the threat of the current Attorney General Dale Teets Marshall, to dismiss ALL CASES THAT ARE OLDER THAN 10 YEARS, what is your prognosis for other cases of other legal matters for citizens whose files are being held by judges?

    Q3.Is there a report or spreadsheet that has a listing of the names of these judges anywhere that have people’s legal matters and sometimes their lives IN THIS ADMINISTRATIVE LIMBO?

    Q4.Is there any independent authority to whom one can complain for such legal highway robbery?

    Q5.Can one reasonably expect that escalating you matter to the Inter American Human Rights Commission will get any results for your matter’s Administrative Stasis when, the same Office of the Attorney General, is the office that the IAHCR writes to to obtain a status on your stagnating court matter and missing file?

    Q6.Do you think that a Third Party Movement which was to highlight your matters in the public space and announce what they would do when they get in power, WOULD GET YOUR VOTE?

    Liked by 2 people

  • @ the Honourable Blogmaster your assistance please with an item here for Loose Cannon thank you

    Like

  • @ Loose Cannon

    You said and I quote

    “…Another matter, another Judge the case was dismissed with cost.

    I was absent.

    No Defense on file no Application. SUMMARILY DISMISSED…”

    I take it that if a lawyer has been engaged that there is a procedure IF THAT LAWYER IS NOT THERE, and the defence is absent, whether accidentally or on purpose, a case cannot be summarily dismissed?

    Forgive de ole man, I left school at 11 so I gots to take time reading things.

    Q1.what if, the party has no counsel, and cannot pay for counsel, AND LEGAL AID CANNOT PROVIDE COUNSEL, what happens then?

    Q2.what if, in the case where that party has no counsel, that their matter is administrative “dismissed”

    By administratively dismissed I mean where no documents are served on a part, usually the defendant, and the court system claims such to be the case, and in your absence, judgement is awarded against you?

    Dis is your article Loose Cannon, why you dont defend it?

    Like

  • @ Loose Cannon,

    This is my third read of this document and while I read it twice already I NOW SAW IT FOR THE FIRST TIME!

    SELF REPRESENTING!

    You said and I quote

    “…I am self representing in various matters in the HIGH COURTS of Barbados and one Judge made an Order.

    IT IS ORDERED THAT:
    1….
    2.The Claimant be advised to engage the services of an attorney-at-law..
    3…..”

    With regard to “…The Claimant be advised to engage the services of an attorney-at-law..”

    Q1.while I said this already I will ask it again.

    IF YOU DO NOT HAVE A LAWYER, AND YOU CANNOT AFFORD A LAWYER, CAN A JUDGE REFUSE TO ACCEPT YOUR DEFENCE IF YOU GET UP TO SPEAK FOR YOURSELF?

    AND IF NOT, WHAT WOULD HAPPEN WHEN THAT MATTER WAS REVISITED

    UNDER THE AUSPICES OF A CARING People’s Party for Democracy and Development perhaps?

    Like

  • Piece….ya will be vindicated very shortly re wicked negro governments TIEFING their own people’s ideas and intellectual properties to pretend it’s their own just to sell it out to nasty nuisances like themselves..,stay tuned, it is not my story to tell…but it soon come..,we should not be at all surprised at this evil turn of events.

    Like

  • The results of misusing the Supreme Court for corruption.

    Like

  • It’s not only an island…but it’s now NOTORIOUS…

    wuhloss..Piece…wuh IF this is something that can RUIN the COP for what he said at the contrived Natalie press conference, ya can guarantee he is going to have his reputation damaged internationally beyond repair…

    People have been saying for years that these public nuisances in bar association and parliament stole one too many estates, one too many bank accounts, one too many properties from the vulnerable and unaware, but now it appears that they have also STOLEN ONE TOO MANY IDEAS…this one it seems will now come with costs, because there is evidence of what transpired…well, well, well…

    ah wonder who they will TRY TO sue for this…

    Like

  • The accumulation of over 50 years of corruption in the Supreme Court. And they are still telling themselves that no one knows.

    https://m.facebook.com/story.php?story_fbid=1164069277135943&id=100005986451739&sfnsn=mo

    Like

  • Hal..i beleive you were asking recently about updates, Natalie Critchlow is being buried in UK today..

    Like

  • Details, plse.

    Like

  • Ya want details, go to the funeral if ya still in UK, until then, ya will have to take it as it comes, again, not my story to tell. As info comes, what is relevant and allowed will be posted.

    Like

  • I can only attend the funeral if I knew the details.

    Like

  • Waiting to get info on where and time for funeral, i just asked.

    Like

  • Oops… forgot the time difference.

    Like

  • May she rest in peace. The death certificate should give cause of death. In the UK they are public records.

    Like

  • When alyuh scandal break..ah just want everyone to know….

    …ah don’t know any of you,

    …ah don’t want to know any of you,

    …..no one can ask me anything,

    …..ah never liked politicians from a teenager, ah like them even less now..

    …and as for yardfowls …all of you want drowning.

    Like

  • That’s the bottom of the barrel best you will ever get from bar association clowns. And that one is the head so imagine how the others think and act when they are not too busy robbing the population.

    https://m.facebook.com/story.php?story_fbid=1165487876994083&id=100005986451739&sfnsn=scwspmo

    Like

  • Well…at least there continues to be consistency in the halfassed Supreme Court coming from the halfassed judges, lawyers and court officials who are never prepared for any case, never have files ready…..everything REMAINS halfassed..

    The writer of the above article will be complaining for a very long time.

    https://barbadostoday.bb/2019/11/14/lawyers-standing-remains-intact/

    Like

  • To be honest, Nicholls is no saint, but…all of this is an attempt to DISTRACT from what is coming down the chute, their decades of crimes against the black population have grown very long legs and are now standing right in front of that criminal syndicate…and STARING THEM IN THEIR FACES…

    their new buzzword is human rights, a word none of them even wanted to utter before, now ah hear that is all the Mottley partriarch is muttering….wonder how come he never heard the word before…something like the words ethics, morals, justice and fairness which they have ALL IGNORED FOR OVER 50 YEARS…and still they pretend don’t exist….well it’s nice to see them trapped in the toxic, corrupt world of their own creation.

    Like

  • Tiefing Cow, the tiefing lawyers, the tiefing government ministers…THEY ARE NOTORIOUS….worldwide.

    Like

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