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How to File an Interlocutory Application

1. Definition of an Interlocutory Application

An interlocutory application is a request made to the Tribunal for an order at any time after a complaint has been filed and before the final award. This includes applications for costs, or to vary, suspend, set aside or enforce the final order or award.

 

2. Difference Between Interlocutory and Originating Applications

An interlocutory application is distinct from an “originating application,” where the Labour Commissioner or the Attorney General is the Respondent (e.g., when a person is dissatisfied with a decision of the Labour Commissioner).

 

3. Filing the Interlocutory Application

To file an interlocutory application, submit a cover letter to the Office of the Tribunal, addressed to the Secretary to the Tribunal, at least 14 days before the case management hearing, or by any other date specified by the Tribunal.

 

4. Representation in the Application

  • If represented by a legal practitioner, the cover letter should be prepared and signed by the legal practitioner.

  • If unrepresented, the applicant’s personal cover letter should be used and signed by the applicant.

     

5. Supporting Documentation

The cover letter must be accompanied by an affidavit or statutory declaration to confirm the accuracy of the information provided. For guidance, refer to the Tribunal’s Guide on “How to Produce Evidence Before the Tribunal.”

 

6. Electronic Filing

The cover letter and supporting documents can be filed electronically via e-mail at: LAT@gov.vg.

 

7. Orders That Can Be Requested

The cover letter must specify the order(s) requested from the Tribunal, including but not limited to:

  • Extend or shorten any time limit, even if the time limit has expired.
  • Rectify non-compliance with any rule or order of the Tribunal.
  • Determine jurisdiction or arbitrability of a complaint (file within 14 days of receiving the Notice of Hearing).
  • Object to the appointment of any Tribunal member by the Minister for justifiable reasons.
  • Substitute a party if the original party has been dissolved, struck off, or merged.
  • Request an interpreter.
  • Provide accommodations for individuals with a medically certified disability.
  • Strike out a response or reply.
  • Adjust hearing dates (adjourn or bring forward).
  • Dismiss the complaint.
  • Request to give evidence by video link or other direct oral communication methods.
  • Vary, suspend, or set aside any order or direction.
  • File additional evidence.
  • Request a private trial.
  • Summon a witness.
  • Correct clerical errors.
  • Issue an enforcement order.
  • Discontinue proceedings, if permission is required.
  • Express an award in foreign currency.
  • Award costs.
  • Determine a bill of costs between a legal practitioner and a client.

     

8. Reason for Request

The cover letter must state the reason(s) the Tribunal should grant the requested order(s).

 

9. Potential Costs

Applicants should be aware of the possibility of having to pay costs to the other party if the interlocutory application is not granted, or to compensate for any prejudice caused.

 

10. Opposition to Interlocutory Application

A person may file an opposition to the interlocutory application 7 days before the case management hearing or by any other date specified by the Tribunal. If no opposition is filed, the Tribunal may issue an order without a hearing. For guidance, see the Tribunal’s Guide on “How to Oppose an Interlocutory Application.”

 

11. Formatting Requirements

The cover letter must be typewritten in English on letter-size paper, preferably double-sided, using a font size of 12 pt. in Times New Roman or a similar font.