President of the Bar Association of Guyana, Kamal Ramkarran SC, has cautioned that while major improvements have been made in the High Court, similar reforms must urgently extend to the Court of Appeal to prevent a return to crippling judicial delays that once plagued the justice system.
Addressing the Opening of the Law Year 2026 on Tuesday, Ramkarran recalled a landmark commercial case filed in January 2000 that took more than 26 years to reach its conclusion. By the time the matter neared final resolution, every judge and senior counsel involved at its inception had passed away.
The case, which involved an injunction preventing a bank from selling assets to recover approximately US$2.5 million, saw the injunction remain in force for over 11 years, from 2001 to 2012. Appeals were only heard decades later, culminating in proceedings before the Caribbean Court of Justice (CCJ) in December 2025, with a decision expected in April 2026.
Ramkarran said the case was a stark reminder of how judicial delays extend far beyond litigants and have serious economic consequences.
“When banks cannot recover money through the courts, interest rates rise to reflect that risk,” he explained, noting that loan rates of 19 to 22 percent were common at the time. “That affects borrowing, business growth, and the ability of ordinary people to improve their circumstances.”
He stressed that delays in justice reverberate throughout society, influencing commerce, employment, and public confidence in the rule of law.
While acknowledging that the High Court has undergone a transformation due to new rules, leadership, and a change in mindset, Ramkarran cautioned that vigilance is essential.
“Nothing prevents us from sliding back into that ravine unless speedy hearings and timely completion of trials remain our top priority,” he warned.
Turning to the Court of Appeal, Ramkarran noted promising developments, including the renovation of the building, the ability for two courts to sit simultaneously, and the appointment of several new judges. However, he highlighted that the Court of Appeal still operates under acting rules dating back to 1969, which he said are outdated and contribute to prolonged delays.
He disclosed that he personally has appeals filed as far back as 2015, 2016, and 2017 that have never come up for hearing.
“The system becomes the way it does because we all accept it,” he said, urging a complete revamp of appellate rules similar to those adopted by the CCJ, which has updated its procedures multiple times since 2005.
Ramkarran expressed optimism that new leadership and an expanded bench will eliminate the backlog, just as reforms have done in the High Court, but insisted the legal profession and judiciary must never accept excessive delays as normal again.
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