Superior Courts in Turmoil UPDATE

The Court of Appeal – Civil published an update regarding assignment of case hearing dates on 26th March 2019: ARTICLE 64 CALLOVER. WEDNESDAY 3RD APRIL 2019.

“1.  Following on previous measures to assist in alleviating the backlog of appeals in the Court of Appeal, the Supreme Court will again likely give favourable consideration to application to reverse, in certain specific case, the direction which had effect of transferring those appeals to the Court of Appeal.”

“2. It is intended that the appeals returned to the Supreme Court under this arrangement will be listed for hearing on the days between the 19th June 2019 and the28th June 2019 (both dates inclusive).  A call-over of appeals which may be the subject of such return to the Supreme Court and which may potentially be provisionally listed for hearing during that period will take place on Wednesday the 3rd April next at 10 o’clock in Court 1, Court of Appeal Building.”

In effect the above reported action in specific cases will order the cases be returned to the Supreme Court.  This embarrassing turn of events demonstrates that the scheme of pawning off cases from the Supreme Court to the Court of Appeal is a shocking failure.  Responsibility for the turmoil lies directly at the feet of the Chief Justice of the Supreme Court of who is charged with the management of the lower superior courts.  It represents further critical delay for cases that in some instances have waited for a hearing for five or more years to date.

N.B. The key verbiage: A call-over of appeals which may be the subject of such return to the Supreme Court and which may potentially be provisionally listed…