STAGES OF LITIGATION

CPR – the litigation process is governed by a set of regulations known as the Civil Proceedings Rules or
“CPR”. It sets out all the steps that need to be followed from the time that a matter is initiated, to trial
and beyond and timeframes for them. The rules may not always seem practical but it is crucial to follow
otherwise risk losing the case or negative consequences.

Outline of Stages

1. Pre-Action Vishnu’s Version

2. Commencement / Initiation and Pleadings
a. CF & SC 1. Pre-Action
b. Appearance & Defence 2. Commencement / Initiation /
3. Case Management Pleadings
a. CMC is fixed and Directions (first interaction with judge) a. CF & SC
b. Disclosure b. Defence
c. Evidence (Witness Statements, Experts, Affidavits) c. CMC and & Directions
d. Pre-Trial Review (first interaction with
4. Trial judge)
5. Post-Trial 3. Disclosure
a. Registration of Judgment & Enforcement 4. Evidence
b. Appeals 5. Trial

Once the defence responds, the pleadings are closed

Stages

(1) Pre-Action:

Before initiating a claim in Court, the Intended/Proposed Claimant is first required to write to the
Intended/Proposed Defendant giving sufficient details of his claim so as to enable the Defendant to
understand and investigate it and providing copies of all the documents on which he relies. The
Defendant must be given a reasonable time to respond. If the Defendant disputes the claim, he must
explain why and provide copies of all the documents on which he intends to rely. The early exchange of
information and documents between the Claimant and the Defendant gives each side a better
appreciation of the relative strengths and weaknesses of their case and can make it easier for disputes
to be resolved without having to go to Court.

Claimants can do this by issuing:

 Demand Letters – are not made pursuant to the CPR PAPs and are more simple letters
demanding some form of remedy and it usually indicates the date by which that remedy should
be provided (or a response expected).

 Pre-Action Protocol Letter: this is mandated by the PAPs CPR and sets out
o A party’s claims against you;
o The remedies which that party seeks;
o An express demand for the remedies claimed;
 o A timeline by which a response is expected or by which the remedies should be
provided; and
o A threat that if the remedies are not provided, litigation proceedings will be commenced
against you.
o refer to and annex documents relied upon by the claimant
o give opportunity for engaging into settlement or negotiation discussions to resolve the
claim before resorting to litigation

 Timeframe for Response:

o A defendant typically has a specified time, approximately 28 days, to respond to the
allegations or claim.

o Holding Letter: if D is unable to respond within the deadline stipulated, this can be
issued. It is a simple letter which indicates that you are still reviewing the allegations
made against you and will require more time to respond. You can either specify a date
by which you will respond or state that you will do so within a reasonable period and in
any event, as soon as you are in a position to do so.

At this stage, parties are encouraged to settle before filing.

 There is real value in achieving a settlement. For instance, it preserves the relationship between
parties (especially where there is a longstanding relationship) and it saves time, legal costs and
attorneys’ fees.

 In determining whether to settle, careful consideration should be given to the following points:

o A cost-benefit analysis should be done and/or requested from your attorney. This
should include an examination of the potential risks of going to trial, the likelihood of
success and an estimate of legal costs and attorney fees. This would be useful in
determining whether the costs of defending the claim outweigh the sums being claimed
which could influence whether you opt to settle.

o Even if you are successful at trial, you may not recover all of the costs expended in
defending the claim.

o Negative Publicity: Court documents are generally public documents. As such, there
could be reputational risks for the parties involved depending on the nature of the
claim.

(2) Commencement of Proceedings/Initiation/Initiating a Claim:

a. In civil proceedings, litigation is commenced when a Claim Form and Statement of Case
are filed in court (not served but it must be served).
i. A claim form can be filed without a SC only in 3 limited circumstances (CPR 8.2)
ii. The claim form must be served within 4 months of being filed
b. Proceedings are initiated by filing the claim form which very briefly states who the
defendant is, why the claimant is suing him and what remedy he is seeking. Together
with the claim form, the claimant must file a ‘statement of case’ - basically a written
 summary of his side of the story - the facts on which are relied upon to establish his case
against the defendant.
c. In civil proceedings, litigation is commenced when a Claim Form and Statement of Case
are filed in court. These are documents which highlight a party’s claims against you and
the basis upon which those claims are made (along with any relevant supporting
documentation). When the Claim Form and Statement of Case are filed in court, it must
be served on the named Defendant(s). The service of the Claim Form and Statement of
Case should be accompanied by additional documents which explain what steps you are
required to take in order to respond to the allegations raised against you. You should
read through these documents carefully.

d. The statement of case and defence are collectively known as ‘pleadings’ and form the
basis on which the case will eventually be tried. The parties will not be allowed to raise
or rely on any allegation that was not contained in their pleading. And once the first
hearing of the matter has taken place, the parties will not be allowed to change or add
to it without the court’s permission.
e. It is therefore very important to get the ‘story’ right the first time around and to set up
as strong a case as possible in your pleading. Try as far as possible to ensure that your
attorney has all the facts when he or she is preparing your pleading, and read it through
very carefully before it is filed to make sure that it is factually correct.

2. Defence: Defendants generally have 28 days to file a defence after service.

a. A defendant who has been served with a claim form must, if he disputes the claim, file
at the court registry: (a) within 8 days file an ‘appearance’ giving notice of his intention
to defend the claim and (b) within 28 days file a ‘defence’ which is essentially the flip
side of the statement of case, a written summary of the defendant’s side of the story
together with all relevant documents.
i. File an ‘Appearance’ in court. This is a simple form in which you will indicate
whether you intend to defend the claim or if you admit the whole or part of it. It
must be filed within eight (8) days of the service of the Claim Form on you.
ii. File and serve a ‘Defence’ if you intend to defend the claim. Generally, the
Defence must be filed within twenty-eight (28) days after the service of the
Claim Form and Statement of Case. The parties can however agree to extend
the period for filing the Defence up to a maximum of three (3) months after the
date of service of the Claim Form (or the Statement of Case if it is served after
the Claim Form). As such, if upon review of the Defence, you determine that you
will be unable to respond within the initial twenty-eight (28) days period, you
should reach out to the other party and request an extension of time.
1. Providing an agreement is reached, you will need to file a ‘Notice:
Extension of Time for Filing Defence’ which informs the Court that the
deadline for filing the Defence has been extended by agreement of the
parties. It is also recommended that you exhibit evidence of the
agreement with the other party for the Court’s review.
 2. Notably, it is possible for a Defendant to apply to the Court for a further
extension (beyond the period agreed by the parties). This would be
done by filing a ‘Notice of Application for Extension of Time For Filing
Defence’ which should be supported by an Affidavit setting out the
reasons why a further extension is needed. For instance, if you are still
reviewing documents in order to respond to the allegations in the Claim
Form and Statement of Case, this may be grounds for a further
extension.
iii. After receiving a claim, the Defendant must file an Appearance within 8 days of
receiving the documents and file a Defence within 28 days of receiving the
documents. The Appearance shows the Court that a Defendant wants to defend
the Claim and the Defence serves to indicate what parts of the Claim are
admitted and denied
iv. Both the Claimant and Defendant can agree to extend the time for up to 3
months, failing which any extension needed must be sought from the Court
b. Default Judgment: Ignoring a claim that has been served on you (even if you think the
claim is ridiculous or far fetched) can have potentially disastrous consequences. If you
do not file the appearance or defence within the prescribed time, the claimant can get
what is known as a ‘default judgment.’ That is an order from the court giving the
claimant whatever he asked for in his claim form. Default judgment is obtained without
a hearing before a Judge and irrespective of the actual legal merits of the claimant’s
case. It is based solely on the defendant’s failure to file the appearance or defence.
i. This means that the Claimant could be awarded judgment in its favour without
having to go to trial and without the Court having heard any evidence from you.

(3) Case Management: The court holds conferences to set timelines and streamline proceedings.

c. Other
i. CMC
ii. Evidence
iii. Disclosure - You are required to identify for the Court and the other side all the
documents in your control that may be relevant to the case. This includes not
only documents that support your case, but also documents that would harm it
or support the other side’s case. Certain documents (such as communications
between you and your attorney) might be ‘privileged’ and need not be
disclosed. In practice, disclosure usually means that each side files what is called
a ‘List of Documents’. – CPR 28
iv. Witness Statements: Under the CPR, parties file ‘Witness Statements’ – basically
written summaries in the Witness’ own words of the evidence they are going to
give – before the trial. A Witness will not be allowed to give evidence at trial
unless he has filed a Witness Statement by the time prescribed by the Judge for
doing so. A Witness is not generally allowed to give additional evidence not
contained in his Witness Statement unless he is responding to questions asked
by the other side’s attorney – so it’s important to make sure that the Witness
Statement(s) contain all the facts necessary to prove your case.
 d.
e. Filing of a Defence triggers the Case Management system whereby a Judge and date for
a first hearing known as the Case Management Conference is set and all parties are
informed. Here, the Judge will coordinate the future life of the matter and its
prospective resolution by hearing any applications made by parties, giving directions
and setting various dates for disclosure of documents that each party wishes to rely on
in order to either prove its case (Claimant) and to defend the claim (Defendant) and
filing and exchanging witness statements. There may be a Pre-Trial Review date set at
which the Judge may examine whether all pre-trial directions have been followed. After
the witness statements are filed and exchanged, it is tendered as evidence at a trial and
the witness who gave evidence in a witness statement may be cross-examined, i.e.
asked questions by the opposing side’s attorney at trial. After the Claimant presents its
evidence, the Defendant may present his case after which the case is closed. The Court
may give its decision at once or at a later date, which is more typical. If you are
unsatisfied by the Court’s decision, you may appeal to the Court of Appeal, and even
further, the Privy Council
f.
g. Once each side has filed their respective Pleadings the matter will be assigned to a Judge
(who will manage it from that point on until trial) and a Case Management Conference,
or “CMC” will be scheduled. The CMC is, as the name suggests, a conference between
the parties, their attorneys and the Judge. Before fixing a date for the trial of the matter
the Judge will give ‘directions’ for several procedural steps required under the CPR.
Perhaps the most important of these are the ‘Disclosure’ of Documents and the filing of
Witness Statements as they relate to the evidence that will be before the judge.
h. a hearing of the matter which takes places after all pleadings have been filed and
exchanged and the judicial officer conducting the CMC, either a Master or Judge of the
High Court, has extensive powers to control and manage the pace and shape of the
litigation as it moves forward to trial.
i. ‘disclosure’ of documents and the filing of witness statements as they relate to the
evidence that will be before the judge.
j. If parties are minded to consider an early settlement, they may request a judicial
settlement conference with another judicial officer other than the one who will
eventually hear the trial of the matter, or opt to be referred to mediation by a
commercial mediator.
k. If no form of alternative dispute resolution can justly resolve the case or the parties opt
not to pursue this avenue, the case is then readied for trial. Directions will be given at
the CMC for the discovery and inspection of documents, the agreeing of documents,
issues and facts by the parties, the filing and exchange of witness statements (which are
designed to take the place of evidence-in-chief), evidential objections to witness
statements and the filing of propositions of law.
3. Pre-trial review hearing - deals with interim issues before trial.

(4) Trial
 4. Once all the pre-trial steps have been complied with, the Judge will fix a date for the trial of the
matter. At trial, the Claimant will present his case (including the evidence of his Witnesses) first,
followed by the Defendant. After each side presents their case the attorneys may make
‘submissions’ on how the Judge should decide the matter – this can be done in writing or orally.
Once the evidence and submissions have been given the case is closed and the Judge will give
his ruling – either giving the Claimant what he asked for or ‘dismissing’ the claim. In practice
many Judges reserve their judgment for a later date so that they will have some time to consider
the evidence and arguments put before them.

(5) Post-Trial

5. Enforcement
6. Appeals - A party can appeal a Judge’s decision to the Court of Appeal but only on the Judge’s
interpretation of the law can be challenged, not findings of fact.

Sources

 Civil litigation in Trinidad and Tobago is governed by the Civil Proceedings Rules, 1998, now
commonly known as the “CPR”.
 Practice Directions which are issued by the Chief Justice from time to time also add further
particularity to the CPR.

Claims in the Supreme Court

 monies due and owing (over $50,000)

 land disputes
 personal injury (accidents)
o running down
o employer’s liability/workplace injuries
o occupier’s liability
o product liability
 defamation.

The importance of service was discussed by Mohammed J in CV2017-04122 Susan Jeremiah-Alexander

and Anor v Joel John wherein the learned judge noted that service of a claim notifies the defendant of
the nature of the claim/proceedings which have been filed and that formal litigation has been
commenced against them. Additionally, service enables the defendant to participate in the process
and/or manner in which the proceedings progress (such as defending, admitting or settling the claim).

On service - [Link]
[Link]#google_vignette

Process deadlines - [Link]

General resources
 Temelia note
 CPR
 [Link]