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‘Proper’ funding needed for judiciary

by Marlon Madden
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One of Barbados’ top judges is issuing a stern warning that the country should not expect any “first world justice” with the kind of penny-pinching taking place when it comes to judicial and legal training.

This caution came on Monday from Madam Justice Jacqueline Cornelius, as she called for “proper” institutional support for judges and more education on the intended purpose of the Bankruptcy and Insolvency Act.

“You cannot get first world justice if you act with third world parsimony in the area of judicial and legal training. This goes for all areas that require specialist courts, from the family court, to the sexual offences court to the commercial division,” said Cornelius, who pointed out that she was a firm advocate of specialist courts and training.

“We need not only judicial officers specializing in insolvency, but also a sufficient complement of officers specialising in other areas so that those commercial judges will be free to act quickly and competently and also undergo continuous training,” she said.

She was speaking on the issue of bankruptcy and insolvency legislation in the Caribbean at the IMPACT Justice meeting at the Accra Beach Hotel.

The High Court Judge told the gathering that a successful insolvency regime requires trained and dedicated judges and lawyers who were accessible, quick and well supported by the private and public Bar.

A successful insolvency regime, she said, also requires public sensitization and education.

At the same time, she warned against copying laws from other jurisdictions without adequately making them useful for the local market.

“Law reform requires more than simply purloining another jurisdiction’s legislation. It is a good way to start of course, we do not have to reinvent the wheel, but if we are to steal we may as well be hanged for a sheep as a lamb,” she said.

She said one of the major deficiencies in Barbados’ reform efforts was a failure to implement “the basic rules which would permit the proper administration of the Act”. She noted that 18 years after it was passed no rules or regulations, forms or precedents, fees or provision for licences and training for trustees have been passed.

During the two-day IMPACT discussions, members of the judiciary, accountants and other stakeholders are hoping for outcomes that would result in a fully functioning insolvency regime, a revised act and rules.

Cornelius pointed out that since the passage of the Act only a handful of companies had made use of it, adding that “most of the matters are still sub judice”.

Meanwhile, Minister of Small Business, Entrepreneurship and Commerce Dwight Sutherland said he was aware of the “serious implications” that the delay in bankruptcy and insolvency cases could have for investors, employees and the micro, small and medium-sized enterprises sector.

“As Barbados continues to roll out its economic recovery and transformation plan, aimed at addressing our fiscal deficit, the Government is cognisant that the need for reform in the area of resolving insolvency has become even more critical,” said Sutherland.

Stating that since the passage of the Act there has been some “grave impact” of insolvency locally, Sutherland highlighted the case of the Harlequin Group and Redjet (Airone Ventures Ltd).

In the case of Harlequin, whose Merricks, St Philip project failed back in 2013 after investors, including Government, invested millions, Sutherland said employers were left unpaid and local and international investors were still anxiously awaiting word on whether they will be able to recover any of their investment.

“Some of these creditors include local small businesses, who having positioned themselves to undertake contracts with these companies, now find their own businesses impacted, having to deal with the financial fallout,” he explained.

In the case of the short-lived, Barbados-based low fares carrier Redjet, Sutherland said since that company sought protection under the Bankruptcy and Insolvency Act in 2011, the delay in its case has left a number of creditors and under 100 employees unsure if they would be able to recover any of the monies owed them by the company.

He said these issues, coupled with the island’s need for improvement in the ease of doing business, proved that having strong insolvency legislation and procedures mattered.

He said: “As Barbados seeks to become globally competitive, Government is committed to implementing the relevant reforms to improve the way this country does business.”

Sutherland explained that the recent passing of the Supreme Court of Judicature Act 2019 allowed for the establishment of a commercial court for adjudicating bankruptcy and insolvency cases, and this, coupled with the recent installation of new judges, signalled Government’s intent to address issues of court backlog and delays.
marlonmadden@barbadostoday.bb

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