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Legal

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Same-sex couples urged to test Cayman Islands marriage law

May 10, 2017
Same-sex couples urged to test Cayman Islands marriage law GEORGE TOWN, Cayman Islands (CNS) -- A legal expert is urging same-sex Caymanian couples who want to get married to put the local legislation to the test as he believes there is no lawful prohibition to same-sex marriages in either the Constitution or the Marriage Law.

Controversy continues over ban on copying public records by Cayman Islands court

May 3, 2017
Controversy continues over ban on copying public records by Cayman Islands court GEORGE TOWN, Cayman Islands -- Following a recent order approved by the chief justice of the Grand Court of the Cayman Islands, Anthony Smellie, prohibiting the public from making photocopies of court pleadings, three local organisations have responded to the order in what one financial commentator...

Countersuit threatened in CONCACAF claim against former Trinidad minister

May 1, 2017
Countersuit threatened in CONCACAF claim against former Trinidad minister NEW YORK, USA -- Following a lawsuit filed in US federal court in New York by the regional FIFA body, the Confederation of North, Central American, and Caribbean Association Football (CONCACAF), claiming damages of US$20 million against former officials Austin ‘Jack’ Warner and Charles ‘Chuck’ Blazer.

Cayman Islands court blocks copying of public records

April 29, 2017
Cayman Islands court blocks copying of public records GEORGE TOWN, Cayman Islands -- In a significant departure from previous practice, the chief justice of the Grand Court of the Cayman Islands, Anthony Smellie, has approved an order prohibiting the public from making photocopies of court pleadings. According to a notice posted on the door of...

Privy Council assesses $60,000 in costs against Dominica opposition leader

April 28, 2017
Privy Council assesses $60,000 in costs against Dominica opposition leader LONDON, England -- Some 18 months after delivering its judgment in a defamation case involving Dominica’s opposition leader Lennox Linton as respondent, the Judicial Committee of the Privy Council (JCPC) on Thursday assessed costs against Linton at £45,992.19 (US$60,000). The appeal to...

Dominica attorney reiterates call for resignation of CCJ president, citing conflict of interest

April 28, 2017
Dominica attorney reiterates call for resignation of CCJ president, citing conflict of interest ROSEAU, Dominica -- In response to a press statement on Wednesday by the OECS Bar Association condemning Dominican attorney at law, Cabral Douglas, for what it described as his “strident, contemptuous, inflammatory, and even defamatory, public criticisms” of the Caribbean Court of Justice...

OECS Bar Association weighs in on integrity of the CCJ

April 27, 2017
OECS Bar Association weighs in on integrity of the CCJ ST GEORGE’S, Grenada -- The OECS Bar Association has issued a statement in response to criticism leveled by Cabral Douglas, an attorney-at-law and citizen of Dominica, against the Caribbean Court of Justice (CCJ) over its decision in a case in which he was the plaintiff. On February 20, 2017...

Grenada court rules against liquidator

April 27, 2017
Grenada court rules against liquidator ST GEORGE’S, Grenada -- By way of judgment dated April 13, 2017, in the matter of Bank Crozier Limited (in liquidation) [through Garvey Louison, liquidator] and RBTT Bank Grenada Limited, Madame Justice Gilford ruled that: 1. The claim is struck out for failure to comply with the order of the Master.

Trinidad and Tobago president disappointed CCJ is not final court for all CARICOM states

April 26, 2017
Trinidad and Tobago president disappointed CCJ is not final court for all CARICOM states BASSETERRE, St Kitts (WINN) -- The Organisation of Eastern Caribbean States (OECS) states of St Kitts and Nevis, Antigua and Barbuda, Saint Lucia and Grenada are among Caribbean states being criticized by a regional head of state for not having replaced the London-based Privy Council...

Former Antigua-Barbuda financial regulator loses extradition appeal

April 22, 2017
Former Antigua-Barbuda financial regulator loses extradition appeal ST JOHN’S, Antigua -- A high court ruling this week rejected an application for judicial review by Leroy King, the former head of the Financial Services Regulatory Commission (FSRC) in Antigua and Barbuda, against the 2012 decision by the government to approve his extradition to the US.

Commentary: Cabral Douglas v Dominica

April 22, 2017
Commentary: Cabral Douglas v Dominica The Caribbean Court of Justice (CCJ) in its capacity as an international tribunal with sole authority for interpreting and applying the Revised Treaty of Chaguaramas (RTC) recently denied an application by Cabral Douglas for leave to commence proceedings against the Commonwealth of...

CCJ denies corruption allegations

April 17, 2017
CCJ denies corruption allegations ROSEAU, Dominica -- The Caribbean Court of Justice (CCJ) has issued a media statement denying allegations of corruption made by Dominican lawyer and show promoter, Cabral Douglas. "Mr Douglas' claim of a politically motivated decision appears to stem from the presence of the court’s president...

US appeals court holds that Antigua-Barbuda is not liable to Stanford Ponzi victims

April 15, 2017
US appeals court holds that Antigua-Barbuda is not liable to Stanford Ponzi victims NEW ORLEANS, USA -- The US Fifth Circuit Court of Appeals has held that the Foreign Sovereign Immunities Act (FSIA) bars Stanford International Bank Ltd (SIBL) Ponzi scheme victims from bringing a claim against Antigua and Barbuda, a foreign state. The decision reversed a ruling by...

Legality of criminal libel laws challenged in Bahamas

April 13, 2017
Legality of criminal libel laws challenged in Bahamas NASSAU, Bahamas -- Maria Daxon, a former police constable and vocal defender for the rights of police officers, has filed a constitutional challenge against The Bahamas’ criminal libel laws, arguing that they violate citizens’ fundamental right to freedom of expression. In December 2016...

Aggrieved CCJ plaintiff files formal complaint with legal services commission

April 8, 2017
Aggrieved CCJ plaintiff files formal complaint with legal services commission PORT OF SPAIN, Trinidad -- Citing what he described as several procedural irregularities, Cabral Douglas, the unsuccessful applicant in a recent case against Dominica before the Caribbean Court of Justice (CCJ), has filed a formal complaint with the Regional and Judicial Legal Services...

Commentary: Corruption at the CCJ?

April 4, 2017
Commentary: Corruption at the CCJ? "Hostile, emotional and irrational..." are just some of the unsavoury adjectives used by Emile Ferdinand QC to describe me in a recent interview. Indeed, the senior Caribbean jurist came out swinging in defence of Sir Dennis Byron, and his colleagues at the CCJ, in defence against corruption...

Opposition MP sues St Lucia PM for defamation

March 28, 2017
Opposition MP sues St Lucia PM for defamation CASTRIES, St Lucia -- In the latest in what seems to be a current spate of defamation actions launched by politicians against colleagues on the other side of the aisle in the Eastern Caribbean, Dr Ernest Hilaire, the opposition St Lucia Labour Party member of parliament for Castries South...

Dominica foreign minister files defamation lawsuit

March 27, 2017
Dominica foreign minister files defamation lawsuit ROSEAU, Dominica (CBN4) -- As a result of allegations that have continued to circulate that Dominica’s minister for foreign and Caribbean Community (CARICOM) affairs, Senator Francine Baron, misappropriated funds that she received but were designated for the Dominica Disaster and...

Commentary: Nothing could be further from the truth in blaming the colonial mindset

March 23, 2017
Commentary: Nothing could be further from the truth in blaming the colonial mindset According to Caribbean Court of Justice (CCJ) Justice Adrian Saunders, in a recent lecture in St Kitts, a "colonial mindset" is to blame for the reluctance on the part of Caribbean Community (CARICOM) governments to embrace the court as the final court of appeal. As someone who has litigated matters...

Colonial mindset blamed for slow accession to CCJ

March 14, 2017
Colonial mindset blamed for slow accession to CCJ BASSETERRE, St Kitts (WINN) -- Caribbean Court of Justice (CCJ) judge, Vincentian Adrian Saunders, says there is good reason for the remaining Caribbean Community (CARICOM) states that have not yet done so, to accede to the appellate jurisdiction of the CCJ.

Live streaming at Trinidad Carnival brings copyright infringement into focus

March 13, 2017
Live streaming at Trinidad Carnival brings copyright infringement into focus PORT OF SPAIN, Trinidad -- Now that the dust of Trinidad and Tobago Carnival 2017 has settled and commentators have conducted their own post-mortems, one issue remains at the intersection of Carnival and the social media landscape -- live streaming. The question of whether it is legal to...

Appeal court reinstates election petitions in St Vincent

March 8, 2017
Appeal court reinstates election petitions in St Vincent KINGSTOWN, St Vincent -- Election petitions filed by the opposition New Democratic Party (NDP) in St Vincent and the Grenadines (SVG) have been reinstated by the Eastern Caribbean Court of Appeal sitting in Saint Lucia on Tuesday, citing apparent bias of the trial judge, Justice Brian Cottle.

Lord Chief Justice of England and Wales delivers lecture at Cayman Islands courts

March 8, 2017
Lord Chief Justice of England and Wales delivers lecture at Cayman Islands courts GEORGE TOWN, Cayman Islands -- Improving practices among commercial courts worldwide translates into strengthening international trade, commerce and development, and hence overall economic cooperation and prosperity. Achieving and maintaining that equilibrium requires not only...

Court of appeal grants order in favour of Grenada hotel

February 24, 2017
Court of appeal grants order in favour of Grenada hotel ST GEORGE’S, Grenada -- The Eastern Caribbean Court of Appeal ruled on Tuesday that Rex Resorts “be permitted to continue to remain in possession of and to continue to operate the hotel known as the Grenadian by Rex Resorts.” The government of Grenada has been trying to enforce a compulsory...

Grenada's serial suer is himself being sued

February 16, 2017
Grenada's serial suer is himself being sued ST GEORGE’S, Grenada -- Grenada’s notoriously litigious prime minister, Dr Keith Mitchell, is now himself on the receiving end of a defamation claim made by Senator Nazim Burke. In a letter dated January 30, 2017, to Mitchell, lawyers acting for Burke asserted that Mitchell made public allegations...

Regional police officers to receive training in supporting victims of crime

February 16, 2017
Regional police officers to receive training in supporting victims of crime BRIDGETOWN, Barbados -- The Canadian government-funded Improved Access to Justice in the Caribbean (IMPACT Justice) project is hosting a training course entitled “Enhancing Support to Victims of Crime”. The course will be attended by police officers of varying ranks along with gender...

Draft model arbitration bill for CARICOM states being reviewed by committee

February 15, 2017
Draft model arbitration bill for CARICOM states being reviewed by committee KINGSTON, Jamaica -- In response to requests by some CARICOM member states for updated arbitration legislation, the Canadian government-funded project Improved Access to Justice in the Caribbean (IMPACT Justice) has drafted a Model Arbitration Bill for the region. This Bill will be reviewed...

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