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

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...

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Article 23 – Legal Topic – The Bailiff

By: Janelle Ramsaroop        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law 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="" title="Article 23"] © 2020 MARTIN ANTHONY GEORGE & CO (To view the next page, click on the bottom left corner of the article above.)...

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

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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Article 21 – Legal Topic – Committal Orders

By: Sherisse Walker        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law INTRODUCTION Part 53 of the Consolidated Civil Proceedings Rules 2016 deals with the power of the Court to commit a person to prison or to make an Order confiscating their assets for failure to comply with a Court Order or Undertaking requiring him to do an act within a specified time or restraining or commanding him not to do an act. The relevant provisions of Part 53 of the Consolidated CPR are as follows: THE CONSOLIDATED CIVIL PROCEEDINGS RULES 2016   When committal orders or confiscation of assets Orders may be made; Rule...

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Article 20 – Legal Topic – Compensation for Wrongful Death under the Compensation for Injuries Act Chapter 8:05

By: Sara Martinez        Attorney-at-Law        Martin George and Co.        Attorneys-at-Law     INTRODUCTION In cases where there has been a fatal injury, the tortfeasor may be liable to compensate any Dependants of the Deceased under the Compensation for Injuries Act Chapter 8:05: “(3) Whenever the death of any person is caused by some wrongful act, neglect, or default, and the act, neglect, or default is such as would before the commencement of this Act (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would...

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George: Don’t judge landlords

Tobago Chamber chairman Martin George says the Government cannot mandate that landlords be lenient to tenants who cannot pay their rent because of the covid19 stay-at-home restrictions. During a news conference at the Diplomatic Centre last Saturday, the Prime Minister urged landlords to "have a heart" as the Government extended the stay-at-home order to at least May 10. Borders are also expected to remain closed until May 15. In a WhatsApp voice note on Wednesday, George said the Government's appeal to landlords is not a "legal imposition. "It is not something that can be legally enforced. It is basically a request for landlords...

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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...

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