Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697643179137.pdf (Antigua and Barbuda)
VOL: XL Thursday 9th January, 2020 No.
2 ________________________________________________________________________ CONTENTS PARLIAMENTARY NOTICE Statutory Instruments 3-4 GOVERNOR GENERAL NOTICE Proroguing of Parliament 4 Appointing Place and Time for Third Session of Parliament 5 EASTERN CARIBBEAN SUPREME COURT NOTICE Vacancy- High Court Judge 5-28 HIGH COURT NOTICE Notice of Commencement of Proceedings on Electronic Litigation Portal 29 ____________________________________________________________________________________________________ Published by the Ministry of Justice & Legal Affairs Editor of the Official Gazette antiguagazette@gmail.com Government Complex, P.O.
Box 118, Parliament Drive, St. John’s, Antigua Printed at the Government Printing Office, Antigua and Barbuda, By Noel F. Abraham, Acting Government Printer ___________________________________________________________________________________________ — By Authority, 2020 [Price $32.25] No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 PUBLICATION WITHIN THE OFFICIAL GAZETTE The Official Gazette, the oﬀicial newspaper of the Government of Antigua and Barbuda, is published every Thursday either online or in print form at the Government Printery.
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2 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

2 No.
2 No.

1 The following STATUTORY INSTRUMENTS are circulated with this Gazette and form part thereof: NOTICES STATUTORY INSTRUMENTS No.

5 of 2019, “Essential Services (LIAT 1974 LTD) Order, 2019” 4pp Price $1.90 No.

56 of 2019, “Resolution Ratifying the Agreement between Antigua and Barbuda and the Opec Fund for International Development (OFID) done at Washington DC on 13th October, 2017” 10pp Price $4.00 No.
57 of 2019, “Resolution of the House of Representatives Ratifying the Constitutive Agreement of the Bank of ALBA, 2019” 38pp Price $13.80 No.

65 of 2019, “Declaration made under Section 3 of the Land Acquisition Act, Cap.233 4pp Price $1.90 ____________________________________________________________________________________________________ Second Publication ANTIGUA AND BARBUDA DECLARATION BY THE GOVERNOR GENERAL UNDER CAP.
233 FOR THE ABANDONMENT OF THE INTENDED ACQUISITION OF A PARCEL OF LAND DESCRIBED IN THE LAND REGISTER AS FOLLOWS: REGISTRATION SECTION: MCKINNONS, BLOCK NO: 45-1696B, PARCEL NO.

580 STATUTORY INSTRUMENT 2019, NO.

68 WHEREAS section 10(1) of the Land Acquisition Act, Cap.
233 provides that at any time before any land has been acquired compulsorily, the Governor General may, by notification published in the Gazette, declare that the intended acquisition of such land is abandoned; and WHEREAS the Cabinet by a decision dated 30th September, 2015 considered to acquire a portion of land belonging to the Antigua Isle Company, more particularly described in the Land Register as Registration Section McKinnon’s, Block No.
45- 1696B, Parcel No: 580; and currently leased to the Cove Hotels (Antigua) Limited; and WHEREAS the House of Representatives and the Senate, by a Resolution dated the 26th of October, 2015 and the 15th November, 2015 respectively, gave approval for the acquisition of the said land; and caused a declaration to that effect to be made by the Secretary to the Cabinet in the manner provided for by section 3 of the Land Acquisition Act; and WHEREAS in accordance with section 3 of the Land Acquisition Act, the first declaration was published in the Gazette of 31st December, 2015 as Statutory Instrument 2015, No.60 on one occasion without a follow up or second publication as required by Law ; and WHEREAS the Cabinet, at its meeting of 4th day of December, 2019, and in accordance with section 10(2) of the Land Acquisition Act, Cap.233 decided to abandon the intended acquisition of the land described in the Land Register as Registration Section: McKinnon’s, Block No: 45-1696B, Parcel No: 580; and 3 No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 WHEREAS the Cabinet have agreed with Cove Hotels (Antigua) Limited that, among other things, Cove Hotels (Antigua) Limited shall, upon publication of the Notice of Abandonment of the compulsory acquisition of the leased property in the Official Gazette, Cove Hotels (Antigua) Limited shall surrender the leased property to the Government without payment of compensation for loss of bargain or for damage for breach of contract.
WHEREAS the Cabinet have agreed to grant a new lease of 99 years to the company SDANG (ANTIGUA) LIMITED, a local limited liability company incorporated pursuant to the laws of Antigua and Barbuda subsequent to the transfer of the leased property to the Government of Antigua and Barbuda or its assigned entity.

NOW THEREFORE, I, Sir Rodney Williams, Governor General of Antigua and Barbuda, by virtue of the power and authority vested in me under section 10(1) of the Land Acquisition Act Cap.
233 of the Laws of Antigua and Barbuda Revised Edition 1992 as amended, hereby declare that the intended acquisition of the parcel of land described in the Land Register as Registration Section: McKinnon’s, Block No: 45-1696B, Parcel No: 580 is abandoned.

Given under my hand at Antigua the 30th day of December, 2019.

___________________________________________________________________________________________ ANTIGUA AND BARBUDA STATUTORY INSTRUMENT 2020, No.
1 Proclamation dated the 8th day of January 2020, PROROGUING PARLIAMENT.

BY THE GOVERNOR GENERAL A PROCLAMATION WHEREAS it is provided by section 60(1) of the Constitution that the Governor General, acting in accordance with the advice of the Prime Minister may, at any time, prorogue Parliament.

NOW THEREFORE, I SIR RODNEY WILLIAMS, GCMG, Governor General, acting in accordance with the advice of the Prime Minister, do hereby prorogue Parliament on of Wednesday18th December 2019.
AND THE PRESIDENT of the Senate, the SPEAKER of the House of Representatives, the Members of the Senate and the House of Representatives, and all others whom it may concern are hereby required to take due notice hereof.

GIVEN at the Governor General’s Residence, St. John’s, Antigua this 8th day of January, 2020 and in the Sixty-eight year of Her Majesty’s Reign GOD SAVE THE QUEEN!

4 GgCO January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

2 ANTIGUA AND BARBUDA STATUTORY INSTRUMENT 2020, No.
2 Proclamation dated the 8th day of January 2020, Appointing the Place and Time for the Third Session of Parliament.

BY THE GOVERNOR GENERAL A PROCLAMATION WHEREAS it is provided by section 59(1) of the Constitution that each session of Parliament shall be held at such place within Antigua and Barbuda and shall begin at such time as the Governor General shall by Proclamation appoint.
NOW THEREFORE, I SIR RODNEY WILLIAMS, GCMG, Governor General of Antigua and Barbuda, do hereby appoint the Parliament Building at Queen Elizabeth Highway in the city of St. John’s as the place at which the Third Session of Parliament shall be held at 9:00 a.m. on the Thursday 16th day of January 2020 as the time at which that session shall begin.
GIVEN at the Governor General’s Residence, St. John’s, Antigua this 8th day of January, 2020 and in the Sixty-eight year of Her Majesty’s Reign GOD SAVE THE QUEEN!

____________________________________________________________________________________________________ Eastern Caribbean Supreme Court Notice EASTERN CARIBBEAN SUPREME COURT VACANCY NOTICE Suitably qualified applicants are invited to fill the position of: HIGH COURT JUDGE 5 GgCO No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 To serve in any of the Member States and Territories of the Eastern Caribbean Supreme Court.

Applicants may be posted in a Member State or Territory despite being a citizen or resident of that country if the circumstances permit.
Applicants for the position of High Court Judge must (a) be or have been a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; or (b) be qualified to practise as an advocate in such a court, and has so practised for a period or periods amounting in the aggregate to not less than 10 years.
Applicants are also expected to possess a high level of personal integrity and if successful are expected to subscribe to the Code of Ethics of the Judiciary of the Eastern Caribbean Supreme Court.

TOTAL BASIC SALARY: EC$16,465.00 monthly inclusive of transportation and entertainment allowances.

Interested persons may download an application package from the Eastern Caribbean Supreme Court’s Website – www.eccourts.org or request in writing from: The Secretary Judicial and Legal Services Commission P. O.
Box 1093 The Waterfront Castries Saint Lucia, West Indies Telephone: [758] 457-3600 Email: jlsc@eccourts.org Deadline for receipt of applications: Friday, 14th February 2020.

Note: Only suitably qualified applicants will be acknowledged.

The Commission does not bind itself to make an appointment from among those persons who apply.
____________________________________________________________________________________________________ EASTERN CARIBBEAN SUPREME COURT Application for Appointment as Judge of the High Court Closing Date for Applications: 14th February 2020 Note: All referee forms in support of applications must be submitted directly by referees on or before the closing date for applications.

------------------------------------------------ This form should be typewritten or handwritten clearly in black ink.
If there is insufficient space on the form, please continue on a separate sheet.

You should complete all parts of this form, even if you have previously supplied some of the details requested.

This will help to ensure that our records are complete.

Please read the guidance notes before completing this Form.
------------------------------------------------- ____________________________________________________________________________________________________ Section A – Personal Details ----------------------------------------------------------------------------------------------------------------------------- -------------------------- Title [indicate with an x] Mr. ______ Mrs. _____ Ms._____ Other _________________ [please state] 6 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 Last Name: ______________________________________________________ ______________________________________________________ ______________________________________________________ All names: [please underline the name by which you prefer to be known] Date of Birth: [a certified copy of the Biodata Page of Passport along with a certified copy of your Birth Certificate must be submitted with the Application Form] Decorations/Honours: ________________________________________________ Business Address: ________________________________________________ ________________________________________________ Telephone Number: ________________________________________________ Fax Number: E-mail: ________________________________________________ ________________________________________________ Home Address: ________________________________________________ ________________________________________________ Telephone Number: (h)______________________(m)____________________ Fax Number: E-mail: ________________________________________________ ________________________________________________ Please indicate the address to be used for correspondence relating to this application: Business ________________ Home ________________ Please indicate with an x your appropriate status: Justice of Appeal ________________________ ________________________ Judge ________________________ Master Magistrate ________________________ Queens Counsel ________________________ ________________________ Barrister Attorney at Law ________________________ Solicitor ________________________ Other [please state] _______________________ Nationality/Nationalities:_______________________________________________________ ______________________________________________________ ______________________________________________________ Religion:_____________________________________________________________________ 7 No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 ____________________________________________________________________________________________________ Section B – Educational and Professional History --------------------------------------------------------------------------------------------------------------------- ---------------------------------- [Certified copies of certificates or official transcripts of all stated education qualifications must be submitted along with the Application Form] [1] Further and/or Higher Education Colleges and/or Universities Attended and Addresses Dates Attended Degrees/Diplomas/Certificates awarded (Please state class, if any) [2] Professional/Legal Training Institution[s] Attended and Address[es] Dates Attended Degrees/Diplomas/Certificates awarded (Please state class, if any) [3] Admission to the Bar Date[s] and Place[s] of call: __________________________________________ __________________________________________ __________________________________________ Year Silk Taken [if applicable] _________________________________________ [4] Other Training [if applicable], give details [5] Professional Experience Please give details of your professional experience since being called to the Bar, starting with the most recent.
Please include dates, addresses [including where appropriate, the name of the Head of Chambers].

Please include under ‘Particulars’ whether the type of work done included litigation and/or litigation management.

8 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 Dates From To or Chambers, Firm organization and address other Particulars ____________________________________________________________________________________________________ Section C – Judicial Experience --------------------------------------------------------------------------------------------------------------------- ---------------------------------- 1.

No □ Yes □ Do you now hold, or have you held in the past, any judicial appointment?
[including temporary or part-time appointment] [Please state the position[s], date[s] of appointment and period[s]of service in the space below] ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 2.

If you currently hold a judicial position, please state the court[s] where you now preside and the duration of your appointment.
____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 3.

Please state any location[s] where you have sat in the last 3 years and the court[s] over which you have presided during that time.
____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 4.

If you hold or have held any judicial appointment, please describe the work you have done as a holder of judicial office, and the jurisdictions exercised.
____________________________________________________________________________________________________ ___________________________________________________________________________________________________ ____________________________________________________________________________________________________ _ ___________________________________________________________________________________________________ Section D – General --------------------------------------------------------------------------------------------------------------------- --------------------------------- A.
1.

Character Have you ever been convicted of, or relation to any criminal offence?

No □ Yes □ dates, below] [Please give details, including cautioned in 9 No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 2.

Have you ever been adjudged bankrupt, creditors, or been sued to judgment for any debt, or are any such proceedings pending?
No □ Yes □ including, dates below] [Please give details, or made a composition with your ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 3.
Have you ever had proceedings Brought against you, or paid a penalty or made a composition in respect of failing to pay or any other default relative to any other form of tax or rates, or are there any such proceedings pending?
No □ Yes □ [Please give details, including, dates below] ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 4.

Have you ever had an action brought against you for professional negligence without the matter being dismissed, or are any such proceedings pending?
If any such action has been brought or is pending against your firm in respect of a matter under your supervision, please answer ‘yes’.

No □ Yes □ [Please give details, including, dates below] ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 5.
Are you, or have you ever been subject to the disciplinary proceedings of the Bar in respect of complaints regarding a matter involving you personally or under your supervision, without the matter having been dismissed, or are any such proceedings pending?
No □ Yes □ [Please give details, including dates, below] ___________________________________________________________________________________________________ ____________________________________________________________________________________________________ 6.

List in chronological order commencing with the most recent, the 10 cases that you consider to be the most important in your career.
Give the name of each case, name of opposing Counsel, brief details of the nature of the matter and of final disposition.

Please provide information by which any written judgments could be accessed.
____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 7.
If you currently hold or have held judicial office, list the 10 most important cases over which you have presided.

Indicate the name of each case, giving brief details of the nature of the matter, the names of Counsel who appeared 10 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

2 and the final disposition of the case.

Specifically indicate if the matter was appealed and the result in the appellate process.

Provide information by which any written judgments could be accessed.
____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ NAME STATUS MAILING ADDRESS EMAIL ADDRESS TELEPHONE NUMBER ____________________________________________________________________________________________________ 8.
Are you aware of anything in your private or professional life, which would be a source of embarrassment to yourself or the Judiciary of the Eastern Caribbean Supreme Court, if it became known in the event of your appointment as a High Court Judge?
No □ Yes □ [Please give details below] ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ E. Consultation Please include here the names, email addresses and contact numbers of up to three members of the judiciary and/or the legal profession who you consider will be able to comment on your qualities and experience.
[Please pay particular attention to the arrangements for consultation which are outlined in the Guide for Applicants.]

F. Further Information Please provide any other information which you consider may be relevant to your application.

It is important that you candidly assess your own suitability for appointment to the High Court Bench, against the criteria [legal knowledge and experience, skills and abilities, and personal qualities: these are described in more detail in the Guide].
You should provide examples of significant achievements to support your assessment.

Continue on a separate sheet, if necessary.
____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ I _________________________________________ swear/affirm under the penalty of perjury that the information which I have given on this form is true to the best of my knowledge and belief.
I understand that any misrepresentation may result in my disqualification even after appointment.

Signature: ----------------------------------------------------------------------------------- DATE: ----------------------------------------------------------------------------------- 11 No.

2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 EASTERN CARIBBEAN SUPREME COURT APPOINTMENT TO THE OFFICE OF JUDGE OF THE HIGH COURT GUIDE FOR APPLICANTS 1.

2.

3.

4.

5.
2.

3.

4.

5.

Introduction Eligibility requirements Criteria for appointment The appointment procedure Making an Application PART 1 PART 2 PART 3 PART 4 Annex A Outline of the terms and conditions of High Court Judges INTRODUCTION PART 1 2 2 3 6 8 10 1.1 The purpose of this Guide is to assist applicants for the office of Judge of the High Court.

It is arranged in four parts.

Part 1 This gives a brief outline of the contents of the Guide.
Part 2 This outlines the eligibility requirements and the criteria applicants must satisfy before the Judicial and Legal Services Commission will consider them for appointment.

It also explains the appointment procedure and outlines how the Judicial and Legal Services Commission will obtain the comments of referees.

Part 3 This gives important advice on making an application.

Part 4 This contains Annex A: an outline of the terms and conditions of High Court Judges.
1.2 Applicants are advised to ensure that they read and fully understand the contents of this Guide before they complete and submit their application form.

12 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 PART 2 ELIGIBILITY REQUIREMENTS 2.1 To be eligible for appointment as a High Court Judge, an applicant [a] must have either: [i] been a Judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; or [ii] qualified to practice as an advocate in such a court, and has so practiced, for a period of or periods amounting in the aggregate to not less than 10 years.

[b] [c] must be in good health.


In particular, he/she should have satisfactory sight and hearing [with technological assistance if required] and should also be able to sit and to concentrate for long periods of time.

must be a person who conducts himself/herself at all times, both in his/her professional and personal lives, in a manner that will maintain public confidence in the standards of the judiciary.
2.2 The Judicial and Legal Services Commission will appoint the candidate who appears to it, to be best qualified, with reference to the criteria [see paragraph 3.1], regardless of gender, ethnic origin, marital status, sexual orientation, political affiliation, religion, or disability, except where the disability prevents the fulfillment of the physical requirements of the office.
2.3 If you are unsure whether or not you are eligible to apply, please communicate with the Secretary of the Judicial and Legal Services Commission, who will be able to assist you.

3.

CRITERIA FOR APPOINTMENT 3.1 The Judicial and Legal Services Commission will only appoint individuals who best satisfy the eligibility criteria and display the following attributes to the highest degree.
Legal Knowledge and Experience Successful candidates will have attained [a] [b] A high level of understanding of the principles of law and jurisprudence.

A comprehensive knowledge of the rules of evidence and of court practice and procedure.
Skills and Abilities [a] Sound judgment, being able to:  exercise discretion effectively;  apply knowledge and experience to make decisions which are in compliance with the law and appropriate to the circumstances of the matter in hand; and  consider competing arguments and reason logically to a balanced conclusion.
[b] Intellectual and analytical ability, being able to:  listen and concentrate for long periods of time, understand and assimilate facts and arguments, and recall such evidence and information speedily and accurately.

13 No.
13 No.

2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020  apply legal principles to particular facts and to determine from a large body of information those issues and facts which are relevant and important and those which are not;  weigh relevant issues and matters of law in order to be able to formulate them for reasoned and coherent presentation; and  apply the law creatively.
[c] Decisiveness: Having the ability to reach firm conclusions [often at speed], to think, decide and act independently of others, and to rely on their own judgment.
[d] Communication and listening skills: Being able to communicate effectively with all types of court users including lay people [whether defendants, witnesses, members of a jury, litigants in person or children], giving instructions, explaining complex issues and giving decisions in judgments clearly and concisely, both orally and, where necessary, in writing.
[e] Authority and case management skills, being able to:   command the respect of court users and maintain fair-minded discipline in the court and chambers without appearing pompous, arrogant or overbearing; and promote the expeditious dispatch of litigation, preventing unnecessary prolixity, repetition and irrelevance whilst ensuring that all parties [whether represented or not, and including children] are able to present their case or their evidence as fully and as fairly as possible.
[f] Keeping abreast of legal developments and court technology.

Personal Qualities [a] Integrity:    Having a history of honesty, discretion and plain dealing with professional colleagues, clients and the courts; Possessing independence of mind and moral courage, being prepared to take and maintain unpopular decisions when necessary: and Having the trust, confidence and respect of others.
[b] Fairness:   Being open-minded and objective, with the ability to recognize any personal prejudices and to set them aside; and Being able to deal impartially with all matters which come before them and ensure that all those who appear before them have an opportunity for their cases to be clearly presented and considered as fully and dispassionately as possible.
[c] Understanding of people and society: Having a knowledge and understanding of, and respect for people from all social backgrounds, being sensitive to the influence of different ethnic and cultural backgrounds on the attitudes and behaviour of people whom they encounter in the course of their work.

14 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 [d] Maturity and sound temperament:   Displaying a maturity of attitude and approach; and Being firm and decisive while remaining patient, tolerant, good-humoured and even tempered.

[e] Courtesy and humanity:   Being courteous and considerate to all court users and court staff; and Having and conveying understanding of, the needs and concerns of court users, and being sensitive and humane.
[f] Commitment: A commitment to public service and to the proper and efficient administration of justice, which they pursued conscientiously, with energy and diligence and a due sense of responsibility.

4.

THE APPOINTMENT PROCEDURE General 4.1 Applications are welcome from all those who satisfy the published eligibility requirements.
Confidentiality 4.2 The Judicial and Legal Services Commission will treat all applications and supporting information as confidential until the consultation process when the persons consulted shall be notified of the candidates so that they may provide feedback if they so desire.

Interviews 4.3 Selected applicants will be invited to an interview.

Consultation 4.4 4.5 4.6 4.7 Applications will normally be subject to written consultation only.
Persons to be consulted (referees) will include the Judges of the Eastern Caribbean Supreme Court, constituent Bar Associations, the OECS Bar Association and persons nominated by the applicant.

For applicants outside the OECS, consultation in the relevant territory will be with the Judiciary through the Chief Justice and with relevant professional Associations.

No single referee's view of an applicant is decisive.

You will be provided with the referee forms and guidelines for referees.
You will be responsible for sending the form and guide to each of the three persons whom you would have listed at Part E of the application form.

The forms should be distributed to the referees by the applicant but should be returned to the Secretary, JLSC directly and not through the applicant.

Failure to comply with the instructions will result in the reference being rejected.
Allegations of misconduct 4.8 The Judicial and Legal Services Commission will attach no weight to un-particularized allegations of misconduct.

It will consider any specific allegations of misconduct in their full context, including the views of the applicant concerned.

If a specific allegation of misconduct is made, the Judicial and Legal Services Commission will seek the referee’s consent to send details of the allegation to the applicant, to enable him or her to comment on the allegation.

15 No.
15 No.

2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 The Judicial and Legal Services Commission emphasizes that if consent is not given to reveal details of any allegations of misconduct to the applicant concerned, it will disregard the allegation.

4.9 This applies only to specific allegations of misconduct; it does not apply to more general reservations expressed about an individual’s professional abilities and qualities.
For practical purposes, 'misconduct' refers to conduct which, if the allegations were substantiated, would be regarded by a professional Association as an infringement of the relevant principles of professional conduct; and/or might, prima facie, cause the Judicial and Legal Services Commission to consider whether to initiate disciplinary proceedings, where the person concerned is a holder of a relevant judicial or legal office.
Assumption of Duty 4.10 In the event of an appointment the candidate would be expected to take up the appointment as soon as possible, subject to a reasonable period being allowed for disengagement from existing obligations.

5.
5.

MAKING AN APPLICATION Obtaining the Application Form PART 3 5.1 Copies of the Application Form for appointment as High Court Judge can be obtained from the Secretary of the Judicial and Legal Services Commission and from the Court’s website: www.eccourts.org 5.2 Your signed application form may be hand delivered to the Office of the Judicial and Legal Services Commission, or sent by post, courier, or scanned and emailed provided that it gets to the Secretary of the Commission by the deadline date.
If you do send your application by post, it must be post-marked on or before the deadline date.

Acknowledgement of an Application 5.4 Applicants will receive a receipt acknowledgement via email once their application is received by the Secretary, JLSC on receipt of the applications.

However, only suitably qualified applicants will receive a further notification indicating whether they have or have not been shortlisted for interview.
Completing the Form 5.5 Your application should be typed or completed clearly in black ink, with any additional information, attached to the back of the completed form.

Please ensure that you sign and date the form.

5.6 An unsigned Application Form will not be accepted.
A certified copy of the Biodata Page of Passport along with a certified copy of your Birth Certificate as well as certified copies of all relevant academic certificates or official transcripts must be submitted along with the Application Form.

Your Address 5.7 Please indicate clearly whether you prefer correspondence about your application to be sent to your home or business address.
Please notify the Secretary of the Judicial and Legal Services Commission of any changes to the information supplied under this heading.

Names for Further Consultation 5.8 The Judicial and Legal Services Commission invites you to provide the names and professional addresses of up to three members of the judiciary and/or the legal profession whom you consider will be able to comment upon your qualities and experience.
The Judicial and Legal Services Commission will provide you with the 16 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

2 referee form and guide which you will send to the persons named on the application form as referees.

The consultation process is to enable the Judicial and Legal Services Commission to have the widest possible views on applicants.

Only referee forms received directly from the referee will be considered.
Canvassing for Support 5.9 It is not necessary or appropriate for applicants to approach those whom they name to canvass support as what is sought is not a reference but information to enable an assessment to be made of their suitability for appointment.

Likewise it is unnecessary and inappropriate for referees to canvass support for particular applicants.

However, applicants are advised that, as a matter of courtesy, they may feel free to inform their referees that they have been nominated.
Withdrawal 5.10 You may withdraw your application for the position of High Court Judge at any time by writing to the Secretary of the Judicial and Legal Services Commission.

Health Issues 5.11 If you are aware of any health matter which might adversely affect your performance in judicial office, it would be helpful if this could be mentioned at the outset.
Contact Information 5.12 All communication and enquiries in relation to your application should be forwarded under confidential cover to the Secretary of the Judicial and Legal Services Commission at the following address: The Secretary Judicial and Legal Services Commission 2nd Floor, Heraldine Rock Building The Waterfront P.O.

Box 1093 Castries SAINT LUCIA, WEST INDIES Tel No.


758 457 3600 Email: jlsc@eccourts.org Please note that all written communication should be submitted under confidential cover and hand delivered or sent by post, courier, or email.

PART 4 ANNEX A GUIDE FOR APPLICANTS OFFICE OF HIGH COURT JUDGE OUTLINE OF TERMS AND CONDITIONS 1.

General The following is a summary of the basic terms and conditions of service.
Fuller details, including the conditions of appointment, will be supplied to candidates who are offered appointment.

2.

Terms and Conditions A High Court Judge is liable to be assigned at any time to any Member State or Territory within the jurisdiction of the Eastern Caribbean Supreme Court.

The terms and conditions of service of a High Court Judge are governed by the Supreme Court (Salaries, Allowances and Conditions of Service of Judges) Order 1975 (S.I.

No.

2 of 1975) as amended.

17 No.


2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 3.
Tenure Under the provisions of the Eastern Caribbean Supreme Court Order, 1967 a High Court Judge shall hold office until he attains the age of sixty-two years except in Antigua and Barbuda and Dominica where a High Court Judge holds office until he attains the age of sixty five years provided that the Judicial and Legal Services Commission acting with the concurrence of the Heads of Government may permit a Judge to continue in his office after attaining the prescribed age for a period or periods not exceeding in the aggregate three years.
4.

Salary A High Court Judge is entitled to an annual basic salary of EC$180,180.00 together with traveling and entertainment allowances in accordance with S. I.

No.

2 of 1975, as amended of $8,400.00 and $9,000.00 annually respectively.

Salary and allowances are exempt from income tax.

5.
5.

Pension Terms A High Court Judge is entitled to pension in accordance with the provisions of the Eastern Caribbean Supreme Court [Rates of Pension] [Judges] Act 1989 or the National Pension legislation of the State to which he/she is assigned for pension purposes.

If you are unsure whether not you will be entitled to a pension if appointed, please communicate with the Secretary of the Judicial and Legal Services Commission, who will be able to assist you.

6.
6.

Code of Ethics A High Court Judge is expected to subscribe to the Code of Ethics of the Judiciary of the Eastern Caribbean Supreme Court.

____________________________________________________________________________________________________ EASTERN CARIBBEAN SUPREME COURT (Please have regard to the marking scales on page 8) APPOINTMENT TO THE OFFICE OF JUDGE OF THE HIGH COURT REFEREE ASSESSMENT FORM Name of Referee: Name of Applicant: 1.
PLEASE GIVE DETAILS OF YOUR KNOWLEDGE OF THE APPLICANT: ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 18 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 2.
PLEASE USE THE FOLLOWING CATEGORIES TO EVALUATE THE APPLICANT Detailed Comments: ________________________________________________________________________ High Level of Understanding of the Principles of Law and Jurisprudence ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Lowest to Highest ________________________________________________________________________ Unable to State Detailed Comments: Comprehensive knowledge of the rules of evidence and of court practice and procedure ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Lowest to Highest ________________________________________________________________________ Unable to State ________________________________________________ Detailed Comments: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________ Unable to State Lowest to Highest Sound Judgment No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 Detailed Comments: Intellectual and Analytical Ability ________________________________________________________________________ ________________________________________________________________________ Lowest to Highest ________________________________________________________________________ ________________________________________________________________________ Unable to State ________________________________________________________________________ ________________________________________________________________________ ________________________________________________ Detailed Comments: Decisiveness ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Unable to State Lowest to Highest ________________________________________________________________________ ________________________________________________________________________ ________________________________________________ Detailed Comments: Listening and Communication Skills ________________________________________________________________________ ________________________________________________________________________ Lowest to Highest ________________________________________________________________________ ________________________________________________________________________ Unable to State ________________________________________________________________________ ________________________________________________________________________ ________________________________________________ 20 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 Detailed Comments: Authority and Keeping Abreast of Legal Developments ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Lowest to Highest ________________________________________________________________________ ________________________________________________________________________ Unable to State ________________________________________________________________________ Detailed Comments: Integrity ________________________________________________________________________ ________________________________________________________________________ Lowest to Highest ________________________________________________________________________ ________________________________________________________________________ Unable to State ________________________________________________________________________ ________________________________________________________________________ ________________________________________________ Detailed Comments: ________________________________________________________________________ ________________________________________________________________________ Fairness ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Lowest to Highest Unable to State ________________________________________________________________________ ________________________________________________ 21 No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 Detailed Comments: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________ Understanding People and Society Unable to State Lowest to Highest Detailed Comments: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________ Unable to State Maturity and Sound Temperament Lowest to Highest Detailed Comments: Courtesy and Humanity ________________________________________________________________________ ________________________________________________________________________ Lowest to Highest ________________________________________________________________________ ________________________________________________________________________ Unable to State ________________________________________________________________________ ________________________________________________________________________ ________________________________________________ 22 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 Detailed Comments: ________________________________________________________________________ ________________________________________________________________________ Commitment Lowest to Highest ________________________________________________________________________ ________________________________________________________________________ Unable to State ________________________________________________________________________ ________________________________________________________________________ ________________________________________________ Any additional comments:- Overall Marking ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _______________________________________________________ Unable to State 1 2 3 4 Lowest to Highest Kindly provide, on a separate sheet, reasons for your overall assessment Signature: _____________________________ Date: __________________ Criteria Marking Scales Not demonstrated Insufficiently demonstrated Demonstrated [1] [2] [3] [4] Well demonstrated [5] Very well demonstrated Overall Mark Not suited for appointment Not yet suited for appointment Suited for appointment [1] [2] [3] [4] Well suited for appointment 23 No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 EASTERN CARIBBEAN SUPREME COURT APPOINTMENT TO THE OFFICE OF JUDGE OF THE HIGH COURT GUIDE FOR REFEREES All completed assessment forms should be sent directly to the Secretary of the Judicial and Legal Services Commission to reach him by: Friday, 14th February 2020.

PART 1 1.

INTRODUCTION 1.2 The purpose of this guide is to assist those to be consulted [referees] in respect of an application for judicial appointment.
Part 1 This gives a brief outline of the contents of the Guide.

Part 2 This outlines the criteria that a candidate must satisfy before the Judicial and Legal Services Commission will consider him or her for an appointment to the High Court.

Part 3 This provides information on how the Judicial and Legal Services Commission would like you to provide your written comments on candidates.
It is in a common report format for comments and provides information on the classifications, which the Judicial and Legal Services Commission asks that you adopt.

It also contains contact details for the Secretary of the Judicial and Legal Services Commission.

Part 4 This contains the annex – the Assessment Form.
1.2 Referees are requested to ensure that they read and fully understand the contents of this guide before they complete their assessment forms and return them to the Secretary of the Judicial and Legal Services Commission.

The forms should be submitted by the referee themselves and not through the candidate despite the fact that it would have been sent to you by the applicant.

2.

THE CRITERIA PART 2 24 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 2.1 The Judicial and Legal Services Commission will appoint the candidate who appears to be best qualified, with reference to the stated criteria, regardless of gender, ethnic origin, marital status, sexual orientation, political affiliation, religion, or disability, except where the disability prevents the fulfilment of the physical requirements of the office.

Each application is considered solely on the established merits of the candidate alone.
Legal Knowledge and Experience Successful candidates will have attained: [a] A high level of understanding of the principles of law and jurisprudence.

[b] A comprehensive knowledge of the rules of evidence and of court practice and procedure.
Skills and Abilities [a] Sound judgment, being able to:   exercise discretion effectively apply knowledge and experience to make decisions which are in compliance with the law and appropriate to the circumstances of the matter in hand; and  consider arguments and reason logically to a balanced conclusion.
[b] Intellectual and Analytical Ability, being able to:   listen and concentrate for long periods of time, understand and assimilate facts and arguments, and recall evidence and information speedily and accurately.

apply legal principles to particular facts and to determine from a large body of information those issues and facts which are relevant and important and those which are not.
 weigh relevant issues and matters of law in order to be able to formulate them for reasoned and coherent presentation.

 being able to apply the law creatively.

[c] Decisiveness: Having the ability to reach firm conclusions [often at speed], to think, decide and act independently of others, and to rely on their own judgment.
[d] Communication Skills: Being able to communicate effectively with all types of court users including lay people [whether defendants, witnesses, members of a jury, litigants in person or children], giving instructions, explaining complex issues and giving decisions in judgments clearly and concisely, both orally and, where necessary, in writing.
[e] Authority, being able to:  command the respect of court users and to maintain fair-minded discipline in the court and chambers without appearing pompous, arrogant or overbearing; and 25 No.
2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020  promote the expeditious dispatch of litigation, preventing unnecessary prolixity, repetition and irrelevance whilst ensuring that all parties [whether represented or not, and including children] are able to present their case or their evidence as fully and fairly as possible.

 keep abreast of legal developments and court technology.
Personal Qualities [a] Integrity    Having a history of honesty, discretion and plain dealing with professional colleagues, clients and the courts.

Possessing independence of mind and moral courage, being prepared to take and maintain unpopular decisions when necessary; and Having the trust, confidence and respect of others.
[b] Fairness   Being open-minded and objective, with the ability to recognize any personal prejudices and to set them aside; and Being able to deal impartially with all matters which come before them and ensure that all those who appear before them have an opportunity for their case to be clearly presented and that it is then considered as fully and dispassionately as possible.
[c] Understanding of People and Society Having knowledge and understanding of, and respect for, people from all social backgrounds, being sensitive to the influence of different ethnic and cultural backgrounds on the attitudes and behaviour of people whom they encounter in the course of their work.

[d] Maturity and Sound Temperament   Displaying a maturity of attitude and approach; and Being firm and decisive while remaining patient, tolerant, good-humoured and even-tempered.
[e] Courtesy and Humanity   Being courteous and considerate to all court users and court staff; and Having and conveying understanding of the needs and concerns of court users, as appropriate, and being sensitive and humane.

[f] Commitment A commitment to public service and to the proper and efficient Administration of Justice, which they pursue conscientiously, with energy and diligence.

PART 3 26 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

2 3.
2 3.

RECORDING COMMENTS General 3.1 3.2 Marking All referees are asked to provide substantive written comment about the candidate’s skills and abilities on the Assessment Form enclosed with this Guide.

If there are insufficient copies of the assessment form for your needs, please photocopy one of the originals, or, if you prefer, contact the Secretary of the Judicial and Legal Services Commission.

If it is not convenient to use the form supplied, please express your views in a letter.
However, the Judicial and Legal Services Commission would find it most helpful if you addressed the criteria outlined in paragraph 2.1 and included the information requested on the form.

3.3.

The Judicial and Legal Services Commission will have regard to the criteria at paragraphs 2.1 when considering an application.
You are asked for a marking in relation to each of these criteria, in accordance with the following scale: Not demonstrated Insufficiently demonstrated Demonstrated [6] [7] [8] [9] Well demonstrated [5] Very well demonstrated 3.4 The Judicial and Legal Services Commission has emphasized that it will place more weight on particularized comments [see paragraphs 3.6-3.9] and, in order to ensure that applicants are judged by different referees on the same basis, has asked that all referees use the following overall classifications: [1] Not suited for appointment [2] Not yet suited for appointment [3] Suited for appointment [4] Well suited for appointment Ranking 3.5 In a highly competitive situation like this, it would be very helpful to the Judicial and Legal Services Commission to be given a ranking of the leading candidates.
The Judicial and Legal Services Commission asks that all referees give an order of preference for those candidates in respect of whom they award an A marking.

Comments 3.6 The Judicial and Legal Services Commission emphasizes that comments on an applicant’s suitability or otherwise for appointment to the High Court must be fully supported by detailed reasons.
Any comments on an applicant’s suitability or otherwise for appointment to the High Court which are not supported by detailed reasons will be disregarded.

3.7 3.8 The Judicial and Legal Services Commission emphasizes that the weight attributed to a referee’s opinions will depend on how particularized they are and how close referees are to the sources of their information.
The Judicial and Legal Services Commission requests that you give details of your knowledge of the candidate – whether it is through their judicial work or through their practice; and whether you have any other connections, such as chambers or professional associations.

You are also required to give an indication as to how frequently you come into contact with the candidate and how recent is your knowledge of him or her.

27 No.
27 No.

2 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE January 9th, 2020 3.9 The comments, classifications and rankings that you provide may assist the Judicial and Legal Services Commission to determine how a candidate ranks.

Referees must assess each candidate’s suitability against the criteria for appointment.

You are asked to be objective in your assessments and to provide reasons in support.
Allegations of Misconduct 3.10 The Judicial and Legal Services Commission requests that referees views should be expressed fully and frankly.

Any reservations and recommendations should also be indicated.

In considering the views that are expressed the Commission will attach no weight to unparticularized allegations of misconduct.

The Judicial and Legal Services Commission wishes to consider only specific allegations of misconduct in their full context, including the views of the applicant concerned.
If a specific allegation of misconduct against an applicant is made, the Commission will therefore seek the referee’s consent to send details of the allegation to the applicant, to enable him or her to comment on the allegation.

If consent is not given to reveal details of any specific allegations of misconduct to the applicant concerned, the Judicial and Legal Services Commission will disregard the allegation when considering the results of the consultation.
3.11 The foregoing applies only to specific allegations of misconduct; it does not apply to more general reservations expressed about an individual’s professional abilities and qualities.
For practical purposes, ‘misconduct’ refers to conduct which, if the allegation were substantiated, would be regarded by a professional Association as an infringement of the relevant principles of professional conduct; and/or might, prima facie, cause the Judicial and Legal Services Commission to consider whether to initiate disciplinary proceedings, where the person concerned is a holder of a relevant judicial or legal office.
Returning your Completed Assessment Forms 3.12 All completed assessment forms should be sent directly to the Secretary of the Judicial and Legal Services Commission to reach him on or before Friday, 14th February 2020.

3.13 You may return your completed signed assessment forms by hand delivery, post, courier or scanning and emailing to jlsc@eccourts.org.

If you send your forms by post, you should allow enough time for delivery before the deadline identified above.
3.14 The Secretary of the Judicial and Legal Services Commission will normally issue an email acknowledgement confirming the receipt of your comments.

Contact Information 3.15 All communication and enquiries in relation to your assessment should be forwarded to the Secretary of the Judicial and Legal Services Commission at the following address: The Secretary Judicial and Legal Services Commission Heraldine Rock Building The Waterfront P.O.

Box 1093 Castries SAINT LUCIA, WEST INDIES Tel No.


758 457 3600 Email: jlsc@eccourts.org Please note that all written communication should be submitted, under confidential cover and hand delivered or sent by post, courier or email.

28 January 9th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
2 High Court Notice ANTIGUA AND BARBUDA: EASTERN CARIBBEAN SUPREME COURT NOTICE OF COMMENCEMENT OF PROCEEDINGS ON ELECTRONIC LITIGATION PORTAL Pursuant to Rule 3(3) of the Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) Rules, Statutory Instrument No.
44 of 2019, Her Ladyship, The Honourable Dame Janice M. Pereira, DBE, Chief Justice, has directed that the Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) Rules will apply to new proceedings filed in the Civil Division of the High Court in the state of Antigua and Barbuda from 1st January, 2020.

29