Wednesday, 12 October 2011

Case overload!

Article of Interest

Published in The Daily Gleaner - MINISTER OF Justice Delroy Chuck said the Government is moving to implement new legislation to help stem the current backlog in the courts.

"Right now, we are looking at introducing new arbitration legislation on the legislative agenda of the Government," Chuck said last Saturday, during the graduation ceremony for students of Norman Manley Law School, University of the West Indies, Mona, St Andrew.

Chuck also told the gathering that the new legislation would make way for the establishment of a more modern system of arbitration.

Currently, some civil cases are referred to the Dispute Resolution Foundation for mediation.
"We want to see Jamaica and the Caribbean becoming a hub for local, regional and international arbitration, which commercial entities and traders across the world can utilise in settling their commercial and trade disputes," Chuck said.

Citing that last year there were almost 460,000 cases before the courts, with over half being in a state of backlog, the minister said the Government recognised that it has a large responsibility. He said, however, stemming the backlog in the courts system is everybody's business, as the issue poses real threats to the country's economy.

"From an economic and investment point of view, the backlog in our courts chases away investment," he said.

"There are hundreds of thousands of cases that are in the court system for eight months or longer, many for years. We are in need of lawyers to resolve, honestly, the multiplicity of disputes. I urge all of you, regardless of where you practise, to look for ways in which you can assist your clients to settle matters outside of the courtroom, wherever this is possible," he urged the graduates.

Meanwhile, Chuck has opened the discussion to look at lengthening the number of hours spent in courts by litigants, adding that at present the courts are utilised at an average of less than five hours daily.
"Is it possible for us to have a system where we have two shifts operating in the court - one in the morning and one in the afternoon?" he asked.

"I see with this a situation where we can have two or more panels of Court of Appeal judges sitting each day maximising the rate of disposal," Chuck said.

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