04 May

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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...

01 May

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

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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...

01 May

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Non Appointment of Chief Secretary – Tobago House of Assembly

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[embed]https://youtu.be/_PhljeaSDRc[/embed]...

01 May

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George: Don’t judge landlords

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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...

30 April

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Article 19 – Legal Topic – Malicious Prosecution

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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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Martin George speaks on Landlords & Tenants in a time of Covid 19 crisis

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[embed]https://youtu.be/9DYFLRqXhu0[/embed]...

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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