Supreme Court’s Long Vacation Cut by a Third

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By Neela Ramsundar

THE Supreme Court comprises the High Court and Court of Appeal, not the Magistrates’ or District Courts.

By Legal Notice No. 128 of 2022 dated June 10, 2022 (available online), the Rules Committee of the Supreme Court cut the September portion of the Supreme Court’s long vacation commencing from next year (2023).

Prior to the Covid-19 pandemic, and for decades since this country became self-governing, the Supreme Court enjoyed what is called a “long vacation” from August 1 to September 15 every year, a total of six weeks. Courts go on recess during this period, however, matters deemed urgent are still heard. The long vacation (as well as the two weeks in December and April every year that the Supreme Court closes), coincides with the time our school children go on vacation. This works very well to schedule meaningful time to be spent with our children, whether at home or abroad.

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After working long hours and quite hard during the law term, the long vacation is a vital and eagerly anticipated break for  Lawyers. We get a wonderful breather, a fixed opportunity to slow down, rest and regenerate before the new law term begins.

Now let me clear this up in case you are wondering – just because the Supreme Court is closed doesn’t mean all lawyers close offices and go home. Not at all! It just means lawyers have the opportunity to use the long vacation period to schedule their own vacations, while the Supreme Court is closed.

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During the first two years of the pandemic, the Rule Committee passed legal notices suspending the long vacation for 2020 and 2021 (See for example Legal Notice No. 113 of 2020 – available online). For many in the legal profession who did not shut down their practice, this caused undue stress and burnout, since we could not find an easy time to get a break without the long vacation. We were constantly getting Court Notices of hearing dates, directions to be complied with etc., not all of which we had any power to get shifted around to accommodate our schedule.

Back in 2020, our Law Association (our elected body that, among other things, seeks our interests) was notified that the Rules Committee was contemplating abolishment of the long vacation. In May 2020, the association conducted a survey to find out from its members whether we were in support of a permanent abolishment of long vacation. Ninety-three per cent of the members who participated in the survey were not in support of this move. However, 70% supported suspending the long vacation for 2020 only, due to the exceptional circumstances of Covid-19. Despite the views of the profession, the long vacation was suspended for both 2020 and 2021.

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We do not know whether the above survey results were communicated with the Rules Committee. However, by email sent on April 19, 2022, the Law Association advised the legal profession of the intention of the Judiciary to permanently reduce the duration of the long vacation by removing the September portion (September 1 to 15). The Law Association, as far as I am aware, has not to date released the results of that April survey to the entire profession by email, as it usually does. My emailed inquiry to the Law Association elicited this response on August 15, 2022:

“Kindly note that the results of the survey on the long vacation have been collated, and they are currently being considered by the Council of the Law Association of Trinidad and Tobago (LATT) before sharing comments on the results with the wider membership.

“Please be advised that the results strongly indicate that members of the profession are not in favour of curtailing the long vacation, and as such, the LATT will be guided by this feedback.”

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Given that the Rules Committee has already published its legal notice cutting the long vacation, I am left to wonder if the May 2020 and April 2022 survey results were communicated to them, and if they were, why the valued opinions of the legal profession on 2 separate occasions on such an important matter were dismissed?  I look forward to further action by the Law Association on behalf of the profession to try to restore the full long vacation.

I again put myself on record as saying that we had a system of the long vacation of six weeks that worked. It facilitated a coordinated period of mental health breaks for the judiciary and the profession while balancing the need to get work done – why interfere with that? Be safe T&T.

Copyright © 2022 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 informational purposes and/or represent the opinions of the author 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 as a consequence of using content in this article is thus hereby excluded to the fullest extent permitted by law.

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