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Martin George & Company > Articles posted by site_admin (Page 58)

Article Six – Legal Topic – Employer’s Liability for Damage or Injury to its Employees

By: Sherisse Walker        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law     INTRODUCTION Employer’s Liability for Damage or Injury to its Employees, covers a range of statutory and common law duties placed upon an employer in order to protect its employees against hazards or injury at work. Generally, under “common law,” employers owe their employees a duty to take reasonable care for their safety and this duty is personal to the Employer and non-delegable, which means that the Employer cannot escape liability by claiming to have passed on the responsibility for the employee’s safety to another party. (CV2014-01610 Seeta Persad v The National Maintenance...

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Article Five – Legal Topic – The Offence of Harassment

By: Sara Martinez        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law     INTRODUCTION The Offence of Harassment is governed by the Offences Against the Person Act Chapter 11:08 of the Republic of Trinidad and Tobago. This Act makes it a Criminal Offence to harass a person and provides a mechanism for a person who is being harassed to seek relief should they feel as though their safety is being threatened by an Offender. Furthermore, the Act allows for a Complaint to be made and for Protection to be sought by the person making the Complaint before any further harm is caused to...

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By: Sarah Lawrence        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law       What is Negligence?   The general principles of the law of negligence were set out in Halsbury’s Laws of England (Volume 78 (2018)). Negligence is defined as a specific tort and in any given circumstances is the failure to exercise that care which the circumstances demand. What amounts to negligence depends on the facts of each particular case. It may consist of omitting to do something which ought to be done or in doing something which ought to be done either in a different manner or not at all.    There are three main...

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Article 3 – Legal Topic – Initial Stages of a Divorce in Trinidad and Tobago

By: Janelle Ramsaroop Attorney-at-Law Martin George and Co. Attorneys-at-Law  WHAT IS A DIVORCE? A divorce is essentially the dissolution of a marriage whereby all legal rights between a husband and a wife have been extinguished completely.  HOW ARE DIVORCE PROCEEDINGS COMMENCED? Divorce proceedings are initiated by way of a document known as a “Petition for Divorce” whereby the party wishing to initiate the divorce proceedings is known as the “Petitioner” and the other party is known as the “Respondent”. Divorce proceedings are initiated in the Family Court of Trinidad or the Family Court of Tobago.  ISSUES TO BE DETERMINED BEFORE INITIATING DIVORCE PROCEEDINGS 1. How long...

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Article Two – Legal Topic- Judicial Review

By: Keshavi Khoorban Attorney-at-Law Martin George and Co. Attorneys-at-Law INTRODUCTION The High Court has historically exercised a supervisory jurisdiction over the proceedings of inferior Courts, tribunals, public bodies, public authorities or persons acting in the exercise of a public duty or function in accordance with any law, by the procedure known as Judicial Review. Judicial Review is the procedure whereby the High Court reviews the decision-making processes of these public bodies to determine whether these bodies acted in accordance with the law when making its decisions. By this procedure the High Court can control the sometimes unfettered actions of decision-makers. In these proceedings the decision in...

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Article One- Legal Topic- Defamation & Social Media

    By: Sherisse Walker Attorney-at-LawMartin George and Co. Attorneys-at-Law       A) INTRODUCTION The tort of Defamation continues to be an evolving one not only within the jurisdiction of Trinidad and Tobago but also throughout the world; owing to the explosion of the use of social media, which, has now become the breeding ground for the publication of disparaging and defamatory content. However, notwithstanding the above, it appears as though our legislation continues to be ill-equipped to deal with such issues which arise for determination; and so, in the absence of such legislation, heavy reliance has been placed on our Court system to specifically address...

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Man wrongfully arrested 3 times for child support

A TOBAGO man has initiated legal action against the State for wrongful arrest, false imprisonment and breach of his rights. The man was arrested three times by police on alleged outstanding maintenance orders when there were none against him. Attorneys Martin George and Janelle Ramsaroop on Wednesday issued a pre-action protocol letter to the Attorney General Faris Al-Rawi on behalf of Curtis Carrington. Carrington is the father of one child who turned 21 in March. The periods for which it is alleged he owed were long after his child turned 18. The letter said around 2011, his ex-wife took him to court for maintenance...

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Subramaniam v Public Prosecutor 

Subramaniam v Public Prosecutor   [1956] 1 WLR 965, 100 Sol Jo 566 Court: PC Judgment Date: 09/07/1956 Catchwords & Digest COMMONWEALTH - CONSTITUTIONS AND GOVERNMENTS OF MEMBERS OF THE COMMONWEALTH - PARTICULAR MEMBERS OF THE COMMONWEALTH - AUSTRALIA - STATE LEGISLATURE - STATE TRANSPORT CO-ORDINATION (BARRING OF CLAIMS AND REMEDIES) ACT (NSW)           In Hughes and Vale Pty Ltd v State of NSW [1955] AC 241, the Judicial Committee held that the provisions of State Transport (Co-ordination) Act 1931-1951, of New South Wales (the principal Act) requiring application to be made for a licence and all provisions consequential thereon in so far as they purported to apply...

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R_v_O & Connor_(Damien)_(2010)

Judgments CA, CRIMINAL DIVISION Neutral Citation Number: [2010] EWCA Crim 2287 No: 200801633/B3‑200901502/B3  IN THE COURT OF APPEAL CRIMINAL DIVISION  Royal Courts of Justice Strand London, WC2A 2LL  Tuesday, 22nd June 2010 B e f o r e: LORD JUSTICE HOOPER MR JUSTICE GROSS  HIS HONOUR JUDGE MOSS QC  (Sitting as a Judge of the CACD)   R E G I N A  v  DAMIEN O'CONNOR Computer Aided Transcript of the Stenograph Notes of   WordWave International Limited A Merrill Communications Company  165 Fleet Street  London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)   Mr S Csoka appeared on behalf of the Appellant   Mr B Cummings QC appeared on behalf of the Crown     J U D...

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