Debbie-Ann Wright, News Editor
The Gleaner/Power 106 News Centre
The debate of a bill intended to re-introduce interim payments in civil cases today, led to disagreement by government senators over the wording of the amendment.
The bill entitled Act to Amend the Judicature Supreme Court Act, will give Supreme Court judges the authority to order interim payments, in instances where the claimant has a strong case as well as validate those orders, which were made in the past.
In 1997, the Civil Procedure Code was amended to give judges of the Supreme Court the jurisdiction to make an order for interim payments, but this provision was removed when the law was repealed six years later.
Despite this, some judges were still ordering defendants to make interim payments in civil cases, until the Supreme Court ruled in 2010 that the practice was not supported in law.
However, today government senator Lambert Brown took issue with the insertion of the words ‘Good faith’ in the amendment.
However, several government and opposition senators insisted the phrase should remain.
Justice Minister, Senator Mark Golding said it was a concept that is well understood under law.