Functions of the Civil Division Unit |
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In 2001, the Division recognized the need for specialization to effectively meet the
challenges of present day litigation. Four units were established, namely the Constitutional and Administrative
law Unit, the Contract and Medico-legal Unit, the Tort and Statutory Duties Unit and also the Arbitration Unit.
In mid-2003, the Execution and Enforcement Unit was established as the fifth unit of the Civil Division
and these units perform the core functions of the Civil Division today
The scope of legal work within the respective units is as follows:-
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The Constitutional and Administrative law Unit |
This Unit handles all litigation where constitutional issues arise for
judicial pronouncement. The recent years have seen an increase in litigation pertaining to fundamental liberties
enshrined in the Federal Constitution, touching on issues pertaining to freedom of religion, equality, freedom of
association and even citizenship. Apart from constitutional issues, decisions of administrative bodies by way of
judicial review have also been a frequent subject-matter of litigation, which is again handled by this Unit.
The defence of disciplinary authority decisions forms quite a substantial part of the work in this Unit. |
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The Contract and Medico-Legal Unit |
All litigation pertaining to government contracts which do not proceed to arbitration
are handled by this Unit. The Government contracts which have resulted in litigation range from goods sold and delivered to
complex construction and IT contracts involving multi-million dollar claims. This Unit also conducts the defence of litigation
against the public health providers in this country. The Unit officers do not function only as defence counsels in the civil
suits, but also as legal advisers in medico-legal problems posed by public hospitals and the Ministry of Health. |
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The Tort and Statutory Duties Unit |
All tortious claims apart from medical negligence are handled by this Unit. This
would include running down actions, defamation, trespass to persons and other personal injury claims against public
authorities and public officers. The exercise or refusal to exercise duties imposed by statute are also amongst the various
suits handled by this Unit. Intellectual property, an emerging area of litigation, as well as claims on trespass and nuisance,
fall within the responsibility of this Unit. |
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The Execution and Enforcement Unit |
This Unit conducts post-judgment actions. It is essential that judgments obtained
by the Government be enforced to completion. This Unit is therefore responsible to enforce the judgment sum by taking
execution proceedings against the Defendant. In a successful claim, this Unit recovers cost awarded to the Government
and defends the Government as a taxing party in taxation proceedings where costs are to be recovered against the Government. |
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The Arbitration Unit |
The Unit handles claims where the dispute is to be resolved in arbitration
proceedings. Most of the claims handled in this Unit relate to construction contracts involving substantial
amounts which a party seeks to be awarded by the arbitrator. Occasionally, the claims may involve international
arbitration proceedings. |