Barbados Judicial System Faces Heavy Criticism for Backlogs: Calls for Reform to Address Delays in Civil and Criminal Courts

The slow pace of Barbados’ judicial system has been under heavy criticism with particular focus on the enormous backlogs in both the criminal and civil courts.

Back in 2021, a member of the Caribbean Court of Justice (CCJ) Justice Denys Barrow issued a scathing rebuke of the island’s justice system which is marked by inordinate delays.

On that occasion, it was the local Appeals Court that was criticised after it took four years to deliver a ruling in a real estate dispute. While Justice Barrow said the delay did not prejudice the lower court’s decision, he described the hold-up as serious and unacceptable.

Justice Barrow cited Sections 18 and 84 of the Barbados Constitution relating to the delay in the delivery of judgments.

The repeated criticism of the local judiciary had become a recurring theme from the CCJ benches. Whether civil or criminal matters, justice delayed was deemed justice denied.

One can deduce that the pressure coming from the Port-of-Spain-headquartered final appeals court, of which Barbados was an original signatory and advocate, coupled with complaints from members of the Barbados Bar, were catalysts for many of the reforms and actions to address the chronic backlog of cases.

Recently retired Chief Justice Sir Patterson Cheltenham left his highly successful private practice to take up the top post, promising to boldly take the rather archaic system and breathe some modernity and efficiency into the processes.

Alas, Sir Patterson demitted office, lamenting that processes required more time, resources and reforms to achieve what he had envisioned.

In May, new Chief Justice Leslie Haynes was sworn in, and like his predecessor, announced key priorities, chief among which were understanding the issue of delayed decisions and court backlogs.

While focus has been on criminal matters and resolving them, the backlog of civil cases to be adjudicated and judgments delivered, is said to be enormous.

Some have been languishing in the system for over a decade. Some claimants and respondents have died, some judges have retired. Few words would describe the situation other than a mess.

King’s Counsel and former President of the Antigua & Barbuda Industrial Court Philip Pilgrim was moved to write earlier this year in the media his concerns about the local judiciary.

“Nobody who files a case in court in the civil division should experience inexcusable delay involving many adjournments before the case is heard.