29 May

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INTESTACY: DYING WITHOUT A WILL

Q: What happens when someone dies without leaving a Will? A: A person dies intestate when he/she does not leave a Will or leaves a Will that is later found to be invalid. The rules of Intestacy in Trinidad and Tobago are governed by the Administration of Estates Act, Sections 23 - 31 and The Distribution of Estates Act, 2000. The estate (all possessions of the deceased) is divided according to the rules of Intestacy. Only married or civil partners and some other close relatives can inherit under the rules of intestacy. Parents, brothers and sisters and nieces and nephews of the intestate...

29 May

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PROTECTION ORDERS

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in Laws of Trinidad and Tobago

TRINIDAD AND TOBAGO. Domestic Violence Act, 1991 of 16 August 1991 (Act No. 10 of 1991). (Trinidad and Tobago Gazette, Pt. A, Vol. 30, No. 216, Legal Suppl., 23 August 1991, pp. 87-109.) PART II: PROTECTION ORDERS 4. (1) Where, on an application made in accordance with this Act, the Court is satisfied, on the balance of probabilities, that -- (a) the respondent has engaged in conduct that constitutes a domestic violence offence and unless the respondent is restrained, the respondent is likely to engage in further conduct that would constitute that or another domestic violence offence; (b) the respondent has threatened to engage in conduct that would...

29 May

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DOMESTIC VIOLENCE

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in Laws of Trinidad and Tobago

Q. What is Domestic Violence? A. Includes any form of abuse whether it be mental, verbal, physical, sexual, financial, emotional or psychological, committed by a person against a spouse, child, and any other person who is a member of the household or dependant. Q. What is a Protection/Restraining Order? A. A Protection or Restraining Order is a court document which restrains a person from engaging in abusive behaviour of any type. Q. Where do you go to apply for a restraining Order? A. To the Clerk of the Peace of the District Magistrate Court in which you live. Q. Who can apply for a protection order? A....

29 May

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RIGHTS OF THE CHILD

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in Laws of Trinidad and Tobago

I set out below the Rights of the Child as proposed in the Principles of Fairness draft constitution: "29. (1) Subject to subsection (3), every child, being a person under the age of eighteen years, has the right— (a) to a name and nationality from birth; (b) to parental care or family care, or, when removed by the State from that environment, to appropriate alternative care; (c) to basic nutrition, shelter, basic health care services and social services; (d) to be protected from maltreatment, neglect, sexual abuse or any other form of abuse or degradation; (e) to be protected from...

14 May

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CHILDREN’S AUTHORITY OF TRINIDAD & TOBAGO

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in LAWS OF TRINIDAD & TOBAGO

Background The Children’s Authority of Trinidad and Tobago is being established to champion the well-being of all children, to safeguard them from abuse and neglect, to provide care and protection for those who are at-risk and vulnerable and to restore childhood. In order to achieve these goals, the Authority will be a hub for the delivery of integrated services to children. The principles which underpin the Authority’s execution of its functions – the promotion of and respect for the rights of children – are to be found in the United Nations Universal Declaration of Human Rights and the United Nations...

13 May

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COTT: PAY UP, OR ELSE

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in Case Histories

Wednesday, August 29 2012 COTT'S ATTORNEY: Martin George...

12 May

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WORK PERMITS

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in Laws of Trinidad and Tobago

Under the Immigration Act Chapter 18:01 of Trinidad and Tobago, no person other than a citizen or resident is allowed to engage in any profession, trade or occupation whether for gain or not, or be employed, unless a valid work permit is in force in relation to that person. Immigration Act, however, makes allowance for a person other than a citizen or resident to be employed in Trinidad and Tobago for a maximum of 30 days at any one time in a 12-month period. This means that this person will be allowed to enter the country to work without a...

12 May

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DATA PROTECTION LAW

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in Laws of Trinidad and Tobago

Data Protection Law In Trinidad and Tobago The Data Protection Act, 2011 provides for the protection of personalprivacy and information (“DPA”) processed and collected by public bodies and private organisations. The DPA was partially proclaimed on the 6th January 2012 by Legal Notice 2 of 2012 and only Part I and sections 7 to 18, 22, 23, 25(1), 26 and 28 of Part II have come into operation. No timetable has been set for the proclamation of the remainder of the DPA and it is possible that there may be changes to the remainder of the legislation before it is proclaimed. Definition of Personal...

12 May

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NEW HOSPITAL EQUALS GOOD HEALTHCARE?

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in MEDICAL COMPLAINTS COUNCIL CASES

THE Scarborough General Hospital is approaching its second anniversary in its new location. I think the majority of Tobago residents accept that the hospital facilities and equipment are vastly improved, but the jury is out on operations and the management at the institution. Until, I read of the demise of the young mother and her baby in her attempt to give birth last month, I was beginning to ease my long held apprehension about the attitudes to work by some of the health ‘professionals’ at the institution. Members of the Shepherd family are contending that medical negligence caused the tragedy in...

12 May

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Family TO SUE SWRHA

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in MEDICAL COMPLAINTS COUNCIL CASES

https://youtu.be/GH37lLZJbGY The family of a 30 year-old welder Navin Singh of Princes Town has initiated legal action against the South West Regional Health Authority over the young man’s death in October last year. The family’s attorney Martin George and Co issued a pre-action protocol letter to the authority last week. Singh died from a rare flesh eating bacterium, five days after a doctor diagnosed and treated him for a pinched nerve. An autopsy at the mortuary of the San Fernando General Hospital gave the cause of his death as septic shock necrotising fasciitis of the right limb. According to the Centres for Disease Control,...

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