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Judge scolds state attorneys for not filing defence - Trinidad and Tobago Newsday

A HIGH COURT judge has reprimanded attorneys in the State’s civil litigation department for failing to file defences on time.

“There seems to be some inability on the part of the Solicitor General’s department to file these defences on time,” Justice Frank Seepersad said on Monday.

He had been asked to enter a default judgment on behalf of a man who sued the State, but this application was withdrawn because the State eventually filed its defence on February 10.

“Do you have a staff shortage? What is the problem faced by the department that makes it so difficult to effect compliance by the State to file its defence in the requisite time?” Seepersad asked.

He was told it took time for attorneys to receive instructions from the relevant state bodies.

Seepersad responded, “A message has to be sent to these authorities that they need to provide the information in a timely manner. It keeps the entire process back when instructions are not forthcoming.

“Please impress on these bodies the urgency needed for their instructions.”

He also pointed out that in most cases, pre-action protocol letters are sent to the defending parties who should be well informed of the issues in contention before a claim is filed.

“The court will have to start taking a firm stand. We cannot continue to keep adjourning matters. It really impacts the court’s ability to manage its docket.”

That case was adjourned to April after the judge had given directions.

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