06 April

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ARTICLE FOUR – LEGAL TOPIC – THE TORT OF NEGLIGENCE

TORT OF NEGLIGENCE By: Sarah Lawrence Attorney-at-Law Martin George and Co. Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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...

03 April

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

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in DAILY LEGAL LESSONS

Initial Stages of a Divorce in Trinidad and Tobago By: Janelle RamsaroopAttorney-at-LawMartin George and Co.Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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...

02 April

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Article Two – Legal Topic- Judicial Review

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Judicial Review By: Keshavi KhoorbanAttorney-at-LawMartin George and Co.Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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...

01 April

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Article One- Legal Topic- Defamation & Social Media

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Defamation & Social Media By: Sherisse Walker Attorney-at-LawMartin George and Co. Attorneys-at-Law MAGCO DAILY LEGAL LESSONS DISCLAIMER: Please note this does NOT constitute LEGAL ADVICE or LEGAL CONSULTATION, which you should get from your own Attorneys and this is being shared with the general public for the purposes of information and discussion ONLY. 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,...

27 March

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Man wrongfully arrested 3 times for child support

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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...

13 March

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Subramaniam v Public Prosecutor

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in Hearsay & Exceptions

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...

13 March

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R_v_O & Connor_(Damien)_(2010)

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in Hearsay & Exceptions

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...

13 March

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Motor Depot Ltd and Wilkinson v. Kingston upon Hull City Council

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Justice of the Peace Law Reports/2013/Motor Depot Ltd and Wilkinson v. Kingston upon Hull City Council - (2013) 177 JP 41 (2013) 177 JP 41 Motor Depot Ltd and Wilkinson v. Kingston upon Hull City Council [2012] EWHC 3257 (Admin) Queen's Bench Division (Elias LJ and Singh J) October 23, 2012 Trading law -- whether content of business record admissible if not produced -- Criminal Justice Act 2003, s.117 -- deception as to manner in which price determined -- whether misleading impression in commercial practice can be corrected by other information -- Consumer Protection from Unfair Trading Regulations 2008, regs.9 and 5(4)(g) -- whether each web page...

13 March

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Business and Other Documents

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Blackstone's Criminal Practice 2018/Part F Evidence/Section F17 Exceptions to the Rule against Hearsay (Excluding Confessions)/HEARSAY EXCEPTIONS: (1) HEARSAY ADMISSIBLE BY AGREEMENT, UNAVAILABLE WITNESSES AND BUSINESS DOCUMENTS/Business and Other Documents Business and Other Documents F17.25 Criminal Justice Act 2003, s. 117 (1) In criminal proceedings a statement contained in a document is admissible as evidence of any matter stated if-- (a) oral evidence given in the proceedings would be admissible as evidence of that matter, (b) the requirements of subsection (2) are satisfied, and (c) the requirements of subsection (5) are satisfied, in a case where subsection (4) requires them...

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