Commonwealth Caribbean Court Systems: Eastern Caribbean Supreme Court

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Brief History of the Court

In 1967, the Organization of Eastern Caribbean States – namely Antigua, Anguilla, Dominica, Grenada, Saint Vincent, Saint Kitts & Nevis, and Saint Lucia – joined in a new “status of association” with the United Kingdom, in accordance with the West Indies Act of 1967. The Act provided for Her Majesty by Order in Council to establish common courts for the Associated States with “such jurisdiction and powers as may be so specified or determined.” The Order in Council also allowed provisions to be made for the establishment in common of a commission to appoint judges and officers of the Court; for the remuneration, allowances, and pension rights of the commission, as well as the judges and officers of the Court; and for defraying the expenses of the Commission and the Courts.

The West Indies Associated States Supreme Court Order duly followed and gave effect to Section 6 of the West Indies Act, permitting the establishment of common courts for the Associated States – “West Indies Associated States Supreme Court”. Since then, this Order has been given constitutional recognition and effect by two successive Constitutions, the Associated State Constitution of 1967 and the Independence Constitutions of the respective States beginning with the Independence Constitution of Grenada in 1974.

The most important change initiated by the Supreme Court Order was the fusion of the High Court and Court of Appeal into one Supreme Court, and the confinement of all appeals to the Court of Appeal. The previous duality, which allowed the appellate jurisdiction to be shared by different appeal courts, was abolished. This new arrangement helped to facilitate greater supervisory jurisdiction over the legal system of the individual states by the Supreme Court. It was, however, left to the Constitutions of the individual states and the local legislatures to enact statutory provisions to give flesh to the Supreme Court Order of 1967. The civil jurisdiction of the former Supreme Court of the Windward and Leeward Islands was vested in the High Court of the now-established West Indies Associated States Supreme Court. 

Court of Appeal
Following the West Indies Act, 1967, the Hon. Chief Justice Sir Allen Lewis, Justice Keith Gordon and Justice P. Cecil Lewis comprised the Bench of the first sitting of the Court of Appeal. 

Sir Allen Montgomery Lewis served as Chief Justice from 1967 to 1972 when he retired from the post of Chief Justice and brought his judicial career to a close.

He was replaced by Acting Chief Justice P. Cecil Lewis (1972 – 1975). 

Subsequent Chief Justices in chronological order, up to present time, are:

Sir Maurice Davis (1975 – 1980);

Sir Neville Peterkin (1981 – 1983);

Justice Neville Berridge [Ag.] (1983 – 1984); 

Sir Lascelles Robotham ( 1984 – 1991); 

Sir Vincent Floissac, QC, OBE, CMG (1991 – 1996); 

Sir Dennis Byron (1996 – 2006); 

Justice Adrian Saunders [Ag.] (2004 – 2005); 

Sir Brian George Keith Alleyne, SC, KCN [Ag.] (2005 – 2008); 

Sir Hugh Anthony Rawlins (2008 – 2012);

Her Ladyship The Hon. Dame Janice M. Pereira (2012 – present).

The West Indies Associated States Supreme Court, now styled as the Eastern Caribbean Supreme Court, was initially housed in the West Indies Associated States Secretariat in Grenada, until it moved to Saint Lucia following the demise of the constitutionally elected government of Sir Eric Matthew Gairy in March 1979.

Structure of the Court 

The Eastern Caribbean Supreme Court consists of two divisions, a Court of Appeal and a High Court of Justice.

The Court of Appeal is itinerant, traveling to each Member State and Territory, where it sits at various specified dates during the year to hear appeals from the decisions of the High Court and Magistrates Courts in Member States in both civil and criminal matters.

The Court of Appeal hears appeals from all subordinate courts (High Courts, Magistrates Courts and the Industrial Court in Antigua and Barbuda). Appeals from the Magistrates Courts might be heard from “any judgment, decree, sentence or order of a Magistrate in all proceedings.” In respect of the High Court, the Court of Appeal has jurisdiction to hear and determine “any matter arising in any civil proceedings upon a case stated, or upon a question of law reserved by the High court or by a judge.” This is, however, subject to “any power conferred in that behalf by a law in operation in that State.” Subject to certain exceptions, the Court of Appeal is empowered to “hear and determine the appeal from any judgment or Order of the High Court in all civil proceedings.” For the purposes of determining any issues incidental to an appeal and the remedies, execution, and enforcement of any judgment or order made thereto, the Court of Appeal is endowed with “all the powers, authority and jurisdiction of the High Court.”

Each Member State has its own Court Office, which, in addition to the High Court Registry, houses the office of the local High Court judge(s). Filing in the Registries commences the proceedings in matters before the High Court in each of the nine territories and the Court of Appeal.

The trial Courts sit throughout the year. Criminal Assizes convene in each jurisdiction on specified dates.

Composition of the Court

The Eastern Caribbean Supreme Court is composed of the Chief Justice, who is the Head of the Judiciary, six (6) Justices of Appeal, High Court Judges; and High Court Masters, who are primarily responsible for procedural and interlocutory matters. The Court of Appeal judges are based at the Court’s Headquarters in Castries, Saint Lucia where administrative and legal support is provided under the supervision of the Court Administrator and Chief Registrar respectively.

The High Court Judges are each assigned to, and reside in, the various Member States. The High Court Registry is headed by a legally trained Registrar who coordinates the provision of the necessary administrative and legal support for the functioning of the High Court.

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