A wide scale lockdown was imposed on Trinidad and Tobago on May 3, 2021 initially carded to last only until May 23. But our Covid-19 infection and death rate continued to soar, resulting in the extension of the lockdown to July 4, in conjunction with a State of Emergency.
Legal services are essential services under the law. As such lawyers are allowed to work and go to their offices. However, attorneys have been encouraged to, where possible, work from home and likewise send their staff to work at home. I’m glad to say many lawyers have heeded this call and have battened down in their homes, as the prime minister requested.
Sadly Covid-19 is an invisible enemy spreading throughout our communities like wildfire. Lawyers eventually voiced concerns that despite court hearings being held virtually via computers and filings being done electronically, there was still significant room for physical contact between clients and their lawyers.
Many court documents, such as witness statements (written evidence given by witnesses as part of a trial) and pleadings (documents filed in court setting out each side’s legal positions concerning a court claim) require the signatures of clients before they can be filed. Sometimes, the only way this could be facilitated, particularly where clients did not have access to or training in computers, was to physically come into the lawyer’s office.
Sometime around mid-May, the Assembly of Southern Lawyers went on record as having made a plea by letter to the Chief Justice (CJ) asking for the suspension of all court directions until such time that the restrictions are lifted.
Shortly thereafter, the CJ issued two new pandemic practice directions (a binding document on the judiciary and the legal profession which dictates how the court is to operate during the pandemic) giving litigants a welcome breather during this extended period of lockdown.
These practice directions were published in the Trinidad and Tobago Gazette in:
1) Volume 60 No. 78 dated May 17, 2021 titled Court Operations Covid-19 Pandemic Directions with effect from May 17, 2021 No. 14; and
2) Volume 60 No. 79 dated May 18, 2021 titled Court Operations Covid-19 Pandemic Directions with effect from May 18, 2021 No. 15 (superseding the earlier practice direction) – both available online.
By virtue of the said practice directions, time has ceased to run until June 30, 2021 (inclusive) in respect of all timelines prescribed for filing under the Rules of Court and order made by the court. However, 3 matters were specifically excepted from this suspension period:
Directions made for the filing of submissions before the practice directions came into effect;
The payment of maintenance under order of the court including an Order under the Attachment of Earnings Act; and
Any order made an exception to the said practice directions.
What does this all mean?
Litigants basically have an automatic extension of time to file their court documents, extended by the amount of time they had left when the pandemic directions took effect.
For example, if you had a defence due for filing by May 21, 2021 (five days after the directions took effect) your new deadline for filing would be July 5, 2021 according to my calculations. All orders and directions for filing (except for submissions) due on or before June 30, 2021 fall within this suspension period.
This all underscores the seriousness of the Covid-19 situation in T&T. Batten down in your homes, wash your hands, sanitise, avoid congregating and commingling and be safe T&T.
Disclaimer: The contents of this article are for general informative purposes only. It does not provide legal advice and does not create an attorney-client relationship with any reader. For legal advice on your specific situation, please contact an Attorney-at-Law of your choosing directly. Liability for any loss or damage of any kind whatsoever allegedly incurred a consequence of using content in this article is thus hereby excluded to the fullest extent permitted by law.
CJ Gives Litigants A Breather
“Act in haste, repent at leisure” – Unknown
A wide scale lockdown was imposed on Trinidad and Tobago on May 3, 2021 initially carded to last only until May 23. But our Covid-19 infection and death rate continued to soar, resulting in the extension of the lockdown to July 4, in conjunction with a State of Emergency.
Legal services are essential services under the law. As such lawyers are allowed to work and go to their offices. However, attorneys have been encouraged to, where possible, work from home and likewise send their staff to work at home. I’m glad to say many lawyers have heeded this call and have battened down in their homes, as the prime minister requested.
Sadly Covid-19 is an invisible enemy spreading throughout our communities like wildfire. Lawyers eventually voiced concerns that despite court hearings being held virtually via computers and filings being done electronically, there was still significant room for physical contact between clients and their lawyers.
Many court documents, such as witness statements (written evidence given by witnesses as part of a trial) and pleadings (documents filed in court setting out each side’s legal positions concerning a court claim) require the signatures of clients before they can be filed. Sometimes, the only way this could be facilitated, particularly where clients did not have access to or training in computers, was to physically come into the lawyer’s office.
Sometime around mid-May, the Assembly of Southern Lawyers went on record as having made a plea by letter to the Chief Justice (CJ) asking for the suspension of all court directions until such time that the restrictions are lifted.
Shortly thereafter, the CJ issued two new pandemic practice directions (a binding document on the judiciary and the legal profession which dictates how the court is to operate during the pandemic) giving litigants a welcome breather during this extended period of lockdown.
These practice directions were published in the Trinidad and Tobago Gazette in:
1) Volume 60 No. 78 dated May 17, 2021 titled Court Operations Covid-19 Pandemic Directions with effect from May 17, 2021 No. 14; and
2) Volume 60 No. 79 dated May 18, 2021 titled Court Operations Covid-19 Pandemic Directions with effect from May 18, 2021 No. 15 (superseding the earlier practice direction) – both available online.
By virtue of the said practice directions, time has ceased to run until June 30, 2021 (inclusive) in respect of all timelines prescribed for filing under the Rules of Court and order made by the court. However, 3 matters were specifically excepted from this suspension period:
What does this all mean?
Litigants basically have an automatic extension of time to file their court documents, extended by the amount of time they had left when the pandemic directions took effect.
For example, if you had a defence due for filing by May 21, 2021 (five days after the directions took effect) your new deadline for filing would be July 5, 2021 according to my calculations. All orders and directions for filing (except for submissions) due on or before June 30, 2021 fall within this suspension period.
This all underscores the seriousness of the Covid-19 situation in T&T. Batten down in your homes, wash your hands, sanitise, avoid congregating and commingling and be safe T&T.
Copyright © 2021 Neela Ramsundar, LL.B (HONS), L.E.C is a Civil Litigation Attorney at Law & Certified Mediator.
Disclaimer: The contents of this article are for general informative purposes only. It does not provide legal advice and does not create an attorney-client relationship with any reader. For legal advice on your specific situation, please contact an Attorney-at-Law of your choosing directly. Liability for any loss or damage of any kind whatsoever allegedly incurred a consequence of using content in this article is thus hereby excluded to the fullest extent permitted by law.