Anselm Caines v. Everton Elliott also known as Everton Powell (Claim No: SKBHCV2021/0211) and the swearing of Affidavits

The recent decision of Master Alvin Pariagsingh delivered on June 12th, 2023 in the matter of Anselm Caines v. Everton Elliott also known as Everton Powell (Claim No: SKBHCV2021/0211) in the Eastern Caribbean Supreme Court, St. Christopher Circuit delivers clear condemnation of the widespread practice of administrative personnel at law offices swearing affidavits for and on behalf of litigants on the basis of what the litigant may have told them. 

At paragraphs 19, 20 and 21 of the judgment the learned Master decries the practice of administrative personnel giving affidavits where the matters deposed to are factual and no explanation is proffered as to why the litigant is not giving the evidence. The Master makes it pellucid that:

“Administrative Assistants to Counsel ought not to be giving evidence of matters they have no personal knowledge of …

Allowing the staff of Counsel to go on affidavit and give sworn evidence based on the information and belief of counsel, except for formal matters or matters within the knowledge of the deponent, is strongly discouraged.”. 

In decrying this practice the Master pointed out that a deponent on affidavit can be subjected to cross examination. This would no doubt render the cross examination farcical when the deponent has no actual knowledge of the matters expressed in the affidavit. The Master also pointed out that such practice may give rise to conflict of interest considerations, and in doing so relied on Moise J in the case of Christenbury v Lake & Anor NEVHCV2009/0042, where Mr. Brian Barnes instructed by Daniel Brantley successfully acted as counsel for the 1st Defendant.

This decision therefore makes it clear that the best practice is to have litigants swear their own affidavits except where the litigant might be unavailable or where the affidavit contains largely formal matters or matters within the actual knowledge of the administrative assistant swearing it. 

The decision can be read in its entirety through the below link:

https://www.eccourts.org/judgment/anselm-caines-v-everton-elliott