Article 19 – Legal Topic – Malicious Prosecution

By: Sarah Lawrence Attorney-at-Law Martin George and Co. Attorneys-at-Law According to the author of Commonwealth Caribbean Tort, the tort of malicious prosecution is committed where the defendant maliciously and without reasonable and probable cause initiates against the plaintiff a criminal prosecution which terminates in the plaintiff’s favour, and which results in damage to the plaintiff’s reputation, person or property. The essence of malice requires the claimant to prove that the defendant deliberately misused the process of the court: Willers v Joyce [2016] UKSC 43. The most obvious case is where the claimant can prove that the defendant brought the...

29 April

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Article 18 – Legal Topic – Factors Considered in Awarding Custody

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By Janelle Ramsaroop Attorney-at-Law Martin George and Co. Attorneys-at-Law WHAT IS CUSTODY? In a legal context, custody refers to more than just physical care and control or guardianship of a child. This physical care and control of a child would, of course, confer rights and responsibilities unto the custodial parent, but there’s more, as the custodial parent, for instance, becomes financially responsible for the child and has a right to make decisions in relation to the education or religion of the child and so forth. The Family Law (Guardianship of Minors, Domicile and Maintenance) Act Chapter 46:08 defines “custody” as the right to possession and...

28 April

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Article 17 – Legal Topic – Compensation under the Supreme Court of Judicature Act for Wrongful Death

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By: Keshavi Khoorban Attorney-at-Law Martin George and Co. Attorneys-at-Law INTRODUCTION: Where a tort(A Legal wrong such as Negligence) results in a fatal injury, an award may be made to the Estate of the Deceased in accordance with section 27 of the Supreme Court of Judicature Act Chap 4:01 which provides as follows: (1). Subject to the provisions of this section, on the death of any person after 24th December 1936, all causes of action subsisting against or vested in him shall survive against or, as the case may be, for the benefit of, his estate; but this subsection shall not apply...

27 April

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Article 16 – Legal Topic – Misrepresentation in Contract Law

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By: Sherisse Walker Attorney-at-Law Martin George and Co. Attorneys-at-Law INTRODUCTION According to the author, Gilbert Kodilyne in Commonwealth Caribbean Contract Law; material statements made by parties during negotiations leading up to a contract may constitute either contractual terms or mere representations. A contractual term is defined as a statement by which the parties intend to be bound and which therefore forms part of the Contractual Agreement. On the other hand a mere representation is a statement of fact, made by one party (“the Representor”) to another party (“the Representee”) during negotiations leading to the contract, which was intended to operate and...

24 April

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Article 15 – Legal Topic – Discrimination in Employment

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By: Sara Martinez Attorney-at-Law Martin George and Co. Attorneys-at-Law PROTECTION UNDER THE EQUAL OPPORTUNITY ACT Employees are protected from discrimination by their employers under the Equal Opportunity Act Chapter 22:03 (“the Act”). Sections 8-10 of the Act protects both Applicants for Employment as well as persons who are already employed from discrimination by potential employers or employers: “8. An Employer or a prospective employer shall not discriminate against a person- In the arrangements he makes for the purpose of determining who should be offered employment; In the terms or conditions on which employment is offered; or By refusing or deliberately omitting to offer employment. ...

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