The Eastern Caribbean Supreme Court was established in 1967 by the West Indies Associated States Supreme Court Order No. 223 of 1967. It is a superior court of record for nine Member States, six independent namely, Antigua and Barbuda, Dominica, Grenada, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines and three British Overseas Territories namely, Anguilla, the British Virgin Islands and Montserrat.
Functions & Powers
The Eastern Caribbean Supreme Court has unlimited jurisdiction in the Member States, in accordance with the respective Supreme Court Acts. Section 17 of the Courts Order empowers the Chief Justice and two judges of the Supreme Court, selected by the Chief Justice, to make rules of court for regulating the practice and procedure of the Court of Appeal and the High Court. Also,
National Legislation in the countries served by the Court confers
rule-making authority on the Chief Justice in relation to matters outside the Court of Appeal and the High Court.
Composition
The Eastern Caribbean Supreme Court is composed of the Chief Justice, who is the Head of the Judiciary, three (3) Justices of Appeal, thirteen (13) High Court Judges and two (2) Masters. Judicial appointments except that of the Chief Justice, who is appointed by Her Majesty, are made by the Judicial and Legal Services Commission
To qualify for appointment as a Justice of Appeal, a person must be or have been a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such court for an aggregate of at least five years, or a person who is qualified to practise as an advocate in such a court and has so practised for an aggregate of at least fifteen years.
To qualify for appointment as a High Court Judge, a person must be or have been a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such court, or a person who is qualified to practise as an advocate in such a court and has so practised for an aggregate of at least ten years.
To qualify for appointment as a Master, a person must be qualified to practise as an advocate and has so practised for an aggregate of at least ten years in a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such court.
Court Sittings
The Court sits in two divisions: the Court of Appeal and the High Court of Justice – Trial Division. The four member Court of Appeal is itinerant and sits in each member state to hear appeals. There are thirteen High Court Judges who are assigned as resident Judges in the various member states. The Trial Courts sit throughout the year. Criminal Assizes convene in each jurisdiction on dates specified by statute.
The Court of Appeal hears appeals from the decisions of the High Court and Magistrates’ Courts in member states in both the Civil and the Criminal matters. The Court of Appeal also hears appeals from the Industrial Court in Antigua and Barbuda and the Administrative Tribunals in the British Virgin Islands and Montserrat. Appeals are heard by a Full Court comprising three Justices of Appeal or by a single Justice of Appeal in Chambers.
Eastern Caribbean Supreme Court – High Court
Each Member Territory has its own High Court which in addition to the High Court Registry houses the Office of the local High Court Judge. The 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. Filing in the Registries commences the proceedings in matters before the High Court in each of the nine territories
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