12 May

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Article 27 – Legal Topic – Medical Negligence Part II – Landmark Decided Cases and Awards Made

By: Keshavi Khoorban Attorney-at-Law Martin George and Co. We start out this particular article by stating that in our respectful view, the scale of awards and damages for many of these areas of medical Negligence are way too low in Trinidad and Tobago but we invite the public to be the Judge and to form their own opinions hereupon, as we present a few of the decided cases and the awards therein. ANTHONY JORDAN v NORTH CENTRAL REGIONAL HEALTH AUTHORITY CV2012-03889 The Claimant in this matter was involved in a motor vehicular accident and sustained injury including, inter alia, a severe...

11 May

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Article 26 – Legal Topic – Medical Negligence (An Overview)

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in DAILY LEGAL LESSONS

By: Sherisse Walker Attorney-at-Law Martin George and Co. Attorneys-at-Law INTRODUCTION Although it is now quite settled that a Medical Practitioner is not obligated or even expected, to achieve success in every case he treats, it has nonetheless been established that he is obligated and expected, and has a duty, to exercise reasonable skill and care in his treatment of each and every patient. Where however, a medical professional performs his job in a way that deviates from the “accepted medical standard of care,” resulting in avoidable harm or injury to a patient, that patient may proceed to initiate Legal...

09 May

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Tracy: Executive Council still functioning

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in Media, Newspaper Articles

Health Secretary Tracy Davidson-Celestine said the Tobago House of Assembly (THA) Executive Council remains functioning in the absence of a sitting chief secretary. Davidson-Celestine was responding to attorney Martin George’s view that since the resignation of Kelvin Charles, the non-appointment of a new chief secretary has rendered the Executive Council dormant. In a WhatsApp voice note on Friday, George said the existing THA Act does not address the voluntary resignation of a sitting chief secretary. “At this point, there is no Executive Council of the THA in existence because under the THA Act, it specifically states that the Executive Council comprises the chief...

08 May

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Article 25 – Legal Topic – Consumer Rights and Liability against Manufacturers and Merchants for Defective or Inferior Products

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in DAILY LEGAL LESSONS

By: Sara Martinez Attorney-at-Law Martin George and Co. Attorneys-at-Law INTRODUCTION There are various measures in place to safeguard the buyers of products from manufacturers and other salespersons from engaging in unfair practices in law. The Sale of Goods Act Chap 83:30 addresses the Rights of Consumers in relation to Products sold to them. Section 16 0f the Sale of Goods Act states: “(1) Except as provided by this section and section 17 and subject to any other written law, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract of...

08 May

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Kelvin Charles’s costly resignation

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in Media

Kelvin Charles's resignation as Tobago House of Assembly (THA) Chief Secretary on April 30 has left a significant hole in his wallet. Now that his role in the THA is reduced to that of assemblyman, having also lost his portfolio as Secretary for Education, Innovation and Energy, Charles' only responsibility is that of his electoral district, Black Rock/Whim/Spring Garden. The former chief secretary previously took home $41,030. An assemblyman without portfolio, like the Progressive Democratic Patriots' (PDPs) Farley Augustine, receives a salary of around $11,320 while those who also function as secretaries, such as the Division of Sport and Youth Affairs' Jomo Pitt,...

07 May

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Article 24 – Legal Topic – A Citizen’s Rights While under Arrest

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in DAILY LEGAL LESSONS

BY: Sarah Lawrence Attorney-at-Law Martin George and Co. Attorneys-at-Law Definition of ‘Arrest’: An arrest is often defined as the seizing or touching of the person of an individual with a view to restraining him: Alderson v Booth [1969] 2 QB 216. However, the author of Commonwealth Caribbean Criminal Practice and Procedure 4th Edition noted that an arrest may be constructive, that is, the arrestor may not physically touch the person he has arrested. Once an individual (arrestee) knows that he is forbidden to leave, this may constitute an arrest. Who can make an arrest? An individual may be arrested with or without a...

06 May

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Article 23 – Legal Topic – The Bailiff

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in DAILY LEGAL LESSONS

By Janelle Ramsaroop This lesson provides information on: Who or what is a bailiff? Powers, functions and duties of a bailiff The bailiff acting as an agent for a landlord Enforcement of a petty civil judgement How is the bailiff’s power of entry effected? How is the bailiff’s power of seizure effected? Assault or obstruction of a bailiff during entry or seizure [pdf-embedder url="https://martingeorge.net/v2/wp-content/uploads/2020/05/Article-23.pdf" title="Article 23"] © 2020 MARTIN ANTHONY GEORGE & CO (To view the next page, click on the bottom left corner of the article above.)...

05 May

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Article 22 – Legal Topic – Motor Vehicle Accidents – Liability, Insurance and the Factors Involved in an Insurance Claim

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in DAILY LEGAL LESSONS

By: Keshavi Khoorban Attorney-at-Law Martin George and Co. Attorneys-at-Law INTRODUCTION: Motor vehicle accidents occur on a daily basis and usually occur due to the negligent acts of drivers on our nation’s roads causing injury and damage not only to these reckless drivers but also to innocent third parties. The Motor Vehicles Insurance (Third Party Risks) Act Chap 48:51 (hereinafter referred to as “the said Act”) seeks to provide protection to these innocent third parties who suffer harm as a result of negligent drivers. Pursuant to section 3 (1) of the said Act, it is mandatory for every owner of a...

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