Committee makes new changes to Civil Procedure Rules

…changes include reforms to process for enforcing judgements

The Civil Procedure Rules that were implemented in 2016 to simplify the conduct of civil matters in the court system have received a further update, courtesy of the Civil Rules Committee.

The Committee has made changes to part 43 (Enforcement of judgements) and to part 53 (Stop notices and charging orders) of the Civil Procedures Rules, in alterations it has cited as the Civil Procedure (Amendment) Rules of 2019.
One of the first changes is to the process for persons complying with court judgements that direct them to pay money or transfer property to the successful applicant. According to Section 43.03 of the amendments, “it is not necessary to make any demand for the money or property, but the person so directed must obey the judgement or order upon being duly served with it without demand.”
The new rules also set out that when someone has won a judgement in the court upon certain conditions and they do not comply with these conditions, they are considered to have waived their judgement.
It states that “any other person interested in the matter may on breach or non-performance of the condition take either those proceedings as the judgement or order may in the case warrant, or those proceedings as might have been taken if no such judgement or order had been made, unless the court otherwise directs.”
Part 45 of the Civil Procedure Rules speaks to application for writ of possession, in cases where court marshals acting on court orders take possession of specified land or property. Part 43.06 of the amendments states that a judgement for the recovery of, or delivery of possession of land can be enforced by this writ.
Part 43.05 meanwhile states that a judgement for the recovery of money may be enforced by writs of seizure and sale of both moveable and immovable property, as well as garnishment orders or an order charging interest in cases where money is held in shares of a company.
The Civil Procedure Rules state that in cases where “a person fails to do an act (other than the payment of money) or fails to abstain from doing an act as required by an order, a person may make an application for a Writ of Sequestration (Form 47) against all or part of the person’s real or personal property, which application may be made without notice and in writing.”
It defines a Writ of Sequestration as an order providing the marshal with the authority to take possession of property of someone who the court has ruled against and who has to pay money. It also empowers them to collect and hold any income from the property until the person complies with the order. In Part 43.09, it further states that judgements for paying money into the court may be enforced by the Writ of Sequestration or by attachment where it is authorised.
The new Civil Procedure Rules are intended to bring Guyana in line with similar rules in the Caribbean. The Rules and legal forms span 187 pages and contain procedures for the settlement of civil matters and making payments both in and out of court. The Rules were touted as having the potential to reduce clogging of the courts by matters that could be settled.