High Court
|
The Mount Vema High Court
The Mount Vema High Court follows its own past decisions with the flexibility to depart from a past decision where the liberty of a person is involved or a judge considers that the material facts of the present case is sufficient from an earlier case. He/she will distinguish the case and may or may not follow the earlier decision. |
| ||
Rule 24092020-1 - Royal Order
Judges from countries with common law may apply to work in Mount Vema or provide virtual services in accordance with the Mount Vema Legal System and the laws of the realm. This rule expires on December 31st, 2054.
As of January 1st, 2055, the rule may be extended or reverted to the basic rule where jurists from lower and higher courts, including the court of appeals will have to be citizens of the Kingdom of Mount Vema.
As of January 1st, 2055, the rule may be extended or reverted to the basic rule where jurists from lower and higher courts, including the court of appeals will have to be citizens of the Kingdom of Mount Vema.
The High Court
The High Court is the section of the judiciary of Mount Vema that makes the Civil Justice System.
CIVIL JUSTICE SYSTEM
The Civil Court
The Mount Vema High Court hears all civil cases in the Kingdom of Mount Vema and has four divisions.
a) - First Division: For all small claims involving amounts smaller than 15, 000 golles.
b) - Second Division: For all contracts and torts claims including Commercial, Technology, Construction and Admiralty.
c) - Third Division: For dispute involving matters such as mortgages, trusts, copyright and patents; winding up of companies and corporate disputes.
d)- Family Division: For family-related disputes, wardship cases and cases relating to children.
The Civil Procedure
The Mount Vema Civil Procedure Rules are set out as follows:
1- The Mount Vema House of Complaints issues Claim Forms to the Claimant.
2- The Claimant must state the truth as to the facts in the particulars of the Claim.
3- The Mount Vema House of Complaints serves a copy of the Claim Form and the particulars of the claim to the Defendant, by post, fax, e-mail or other electronic means.
4- The Defendant has 8 days in which to respond, by paying the claim, admit or partly admit it, or file a defence.
5- A defence that simply denies the claim is not be sufficient unless specified.
6- Before or after the commencement of proceedings, the defendant or the claimant may make an offer to settle and payment.
Allocation of Cases
When a defence is filed at the House of Complaints, the House files an allocation questionnaire which is sent to all parties to determine the High Court division in which the claim would be heard. An allocation fee must be paid at this stage. If a party is dissatisfied with the allocation decision, an application can be made to the court for the claim to be re-allocated.
Proceedings
1- All cases are heard by High Court Judges.
2- The use of lawyers is not required.
3- The number of expert witnesses is controlled by the court, and the court permission is not required for any party to use an expert to give evidence either oral or written.
4- All time limits are strictly enforced and an approximate date for trial is given to all parties.
Appeals
Appeals are heard by Senior High Court Judges. They are only made where a Senior High Court Judge considers that the special appeal would raise an important point of principle or practice; or there is some other compelling reason for the High Court to hear.
The Approach to Appeals
Permission to appeal is required and is granted by either the High Court or the House of Law.
Permission is granted only where the House of Law or the High Court considers that an appeal would have a real prospect of success. Or there is some other compelling reason why the appeal should be heard; or when a decision of the judge was wrong or where it was unjust because of a serious of procedural or other irregularities.
Permission to appeal is not required where the liberty of the individual is in issue.
Alternative Resolution
When the lawyers of the parties involved agree to resolve the dispute privately.
Mediation/Conciliation
Mediation is the process in which the House of Complaints (the mediator) helps the parties reach a compromise solution to their dispute without offering a solution.
Conciliation is the process in which the House of Complaints (the conciliator) suggests grounds for compromise and the basis for settlement before the House of Complaints issues the Claim Form to the Claimant.
The Civil Court
The Mount Vema High Court hears all civil cases in the Kingdom of Mount Vema and has four divisions.
a) - First Division: For all small claims involving amounts smaller than 15, 000 golles.
b) - Second Division: For all contracts and torts claims including Commercial, Technology, Construction and Admiralty.
c) - Third Division: For dispute involving matters such as mortgages, trusts, copyright and patents; winding up of companies and corporate disputes.
d)- Family Division: For family-related disputes, wardship cases and cases relating to children.
The Civil Procedure
The Mount Vema Civil Procedure Rules are set out as follows:
1- The Mount Vema House of Complaints issues Claim Forms to the Claimant.
2- The Claimant must state the truth as to the facts in the particulars of the Claim.
3- The Mount Vema House of Complaints serves a copy of the Claim Form and the particulars of the claim to the Defendant, by post, fax, e-mail or other electronic means.
4- The Defendant has 8 days in which to respond, by paying the claim, admit or partly admit it, or file a defence.
5- A defence that simply denies the claim is not be sufficient unless specified.
6- Before or after the commencement of proceedings, the defendant or the claimant may make an offer to settle and payment.
Allocation of Cases
When a defence is filed at the House of Complaints, the House files an allocation questionnaire which is sent to all parties to determine the High Court division in which the claim would be heard. An allocation fee must be paid at this stage. If a party is dissatisfied with the allocation decision, an application can be made to the court for the claim to be re-allocated.
Proceedings
1- All cases are heard by High Court Judges.
2- The use of lawyers is not required.
3- The number of expert witnesses is controlled by the court, and the court permission is not required for any party to use an expert to give evidence either oral or written.
4- All time limits are strictly enforced and an approximate date for trial is given to all parties.
Appeals
Appeals are heard by Senior High Court Judges. They are only made where a Senior High Court Judge considers that the special appeal would raise an important point of principle or practice; or there is some other compelling reason for the High Court to hear.
The Approach to Appeals
Permission to appeal is required and is granted by either the High Court or the House of Law.
Permission is granted only where the House of Law or the High Court considers that an appeal would have a real prospect of success. Or there is some other compelling reason why the appeal should be heard; or when a decision of the judge was wrong or where it was unjust because of a serious of procedural or other irregularities.
Permission to appeal is not required where the liberty of the individual is in issue.
Alternative Resolution
When the lawyers of the parties involved agree to resolve the dispute privately.
Mediation/Conciliation
Mediation is the process in which the House of Complaints (the mediator) helps the parties reach a compromise solution to their dispute without offering a solution.
Conciliation is the process in which the House of Complaints (the conciliator) suggests grounds for compromise and the basis for settlement before the House of Complaints issues the Claim Form to the Claimant.
Miscarriages of Justice
All miscarriages of justice shall be referred and reviewed by a Court higher than the one where the case was tried.
Hierarchy of the Mount Vema Courts
All miscarriages of justice shall be referred and reviewed by a Court higher than the one where the case was tried.
Hierarchy of the Mount Vema Courts
