The chapters on employer's liability and damages have been extensively revised in order to highlight recent trends, while throughout the book extracts of key cases have been more thoroughly integrated into the text in order to help students grasp the salient points. Although conceived primarily as a text for the LLB degree courses in Caribbean universities, Commonwealth Caribbean Tort Law is also essential reading for students preparing for the CAPE Law examinations and the various paralegal courses in the region.
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Legal practitioners will find the book useful as a work of ready reference, and it will also be of interest to those business executives, industrialists, insurance agents and journalists who require some knowledge of this most important area of the law. This new edition of a well-established book is a timely response to the enactment during the past 3 to 5 years of new rules of civil procedure which are now in force, or are soon coming into force in the vast majority of Caribbean jurisdictions. The book also provides coverage of the recent case-law coming out of Jamaica and the Organisation of Eastern Caribbean States OECS , under the new rules of civil procedure.
This book is essential reading for students of Commonwealth Caribbean law as well as anyone wishing to get to grips with the new rules of civil procedure. Denbow ISBN: Providing a comprehensive study of the English law of life insurance as it applies in Trinidad and Tobago, this book deals with the relevance of the doctrines and terminologies the law has absorbed and adopted from other jurisdictions, and it provides a detailed overview of the many crucial issues of modern life insurance law.
This second edition includes for the first time: the treatment of the new statutory provisions dealing with beneficiary designations. This comprehensive, reader-friendly text introduces students to criminal procedure and provides practitioners with a ready reference for practice.
From the commencement of proceedings, to sentencing and appeals, Criminal Practice and Procedure is a handbook for anyone involved in the criminal justice system. Covering up to date developments in areas such as plea bargaining and the treatment of juveniles readers are provided with a bridge to the gap of understanding the fundamentals of criminal law and how the law operates in practice. Comprehensively referenced to existing and pending legislation as well as case law, Criminal Practice and Procedure is an important foundational text for the student and practitioner alike.
Commonwealth Caribbean Business Lawbreaks away from the traditional English approach of treating business law primarily as the law of contract and agency.
The book takes a panoramic view of the foundation of various legal systems with a subsequent examination of different areas of legal liability that may affect business activities. These areas include contract law, agency, tort law, criminal law, and internet law as significant challenges confronting the business sector. The book primarily targets the development of business law in several Caribbean Commonwealth jurisdictions but also, where appropriate, embraces the jurisprudence of other Commonwealth nations such as the United Kingdom, Canada and Australia.
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With respect to internet law, the proliferation of judicial pronouncements emerging from the United States provided the platform for the only non-Commonwealth treatment of a topic. The approach of the book is to use excerpts from judgments so as to allow students, particularly the non-legal student, to understand legal principles as espoused by the judiciary without the filtering bias of authors. As a result of the immovable and indestructible nature of land, property law is concerned with a wider variety of rights, obligations and interests than most other areas of law, and can prove daunting to those studying the subject for the first time.
Commonwealth Caribbean Property Law sets out in a clear and concise manner the central principles of the law of real property in the region, in order to guide students through this often complex and confusing core subject area. In this new edition, the book has been fully revised and updated to include important new case-law from the various Caribbean jurisdictions. There is also a new chapter on Registration of Title. With comprehensive coverage of the main topics studied by undergraduates, this textbook is essential reading for LLB students in Caribbean universities.
Commonwealth Caribbean Administrative Law
It will also serve the needs of those studying for CAPE Law or those following courses for paralegals. In addition, the extensive coverage of land law from a Caribbean perspective, coupled with the analysis of the substantive laws of several jurisdictions, will make this text a most useful reference tool for practitioners. Principles of Caribbean Environmental Law by W. The Caribbean faces environmental problems suffered throughout the world, but also a unique set of challenges.
The petroleum and bauxite industries and tourist trade have traditionally gone largely unregulated in the region, threatening pristine coasts and scarce natural resources. Now, as the region seeks to improve management and regulation, a clear guide to Caribbean environmental law is desperately needed. Principles of Caribbean Environmental Law provides that resource. The book explores international environmental law as it relates to the Caribbean, administrative law, and the common law of property and torts. It addresses issues from town planning to pollution regulation to waste management.
And it examines marine and coastal governance: particularly critical to an economy built on beach tourism. This volume will be an indispensable resource for anyone concerned with the future of the Caribbean's natural landscape. This guide provides information on available resources for conducting legal research for the following English-speaking Caribbean countries:. The Internet and the digital age have improved access to legal information of Caribbean jurisdictions. Legal literature considered includes legislation, law reports, journals and textbooks. Historically, the legal system of the Commonwealth Caribbean can best be described as mixed.
The legal system of most of these countries is based on the laws of former colonial administration.
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Antoine noted that:. With the exception of Guyana and St. Lucia, the legal system of the English-speaking Caribbean countries is based on the Common Law system. The legal systems of Guyana and St. Lucia has a strong influence of the French civil law.
While many of the legal systems of the Commonwealth Caribbean have a very strong influence of the Common Law, there has been a reception of other legal systems, such as Hindu, Muslim and Indian law. These traditions and customs have been incorporated into the legislation of these countries. Nevertheless, the content of the laws of these countries today reflect their cultural, social, political and economic needs. The dependent territories earlier mentioned have no independent law and legal systems to speak of, as they are under the sovereignty of the Crown. The power structure in all the Commonwealth Caribbean countries is between the Executive, Legislature and the Judiciary.
Each country has its own unique structure. In many of the independent countries, the Parliamentary and bicameral systems of government are led by the Prime Minister with the Queen as the Head of State represented by an appointed Governor-General.
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In the dependent territories, they are under the sovereignty of the Crown; a Governor is usually appointed as the Head of the government. The Judicial Council of the Privy Council is the final court of appeal in Caribbean jurisdictions with the exception of Guyana. The Court was established to further strengthen regional integration in the Caribbean Community. The CCJ is the highest appeal court of final jurisdiction for civil and criminal matters for member states of the Caribbean community.
It has replaced the Judicial Council of the Privy Council.
However, some of the member states are yet to implement it as the final court of appeal. They have a dual function — investigative and trial in criminal matters. However, its jurisdiction is limited by the nature of civil offences. The superior courts are usually divided into two tiers - High Court and Court of Appeal. They are summarily referred to as the Supreme Court. The High Court is the trial court or court of first instance. They have original and appellate jurisdiction over matters arising from the inferior courts.
They have unlimited jurisdiction over civil and criminal matters.
The Court of Appeal has the appellate function of the Supreme Court. They hear appeals from the magistrate courts, high courts and special courts. These countries are signatories to regional and cooperative agreements and treaties. There have been significant developments in the publication of legislation for Caribbean jurisdictions especially in the Internet age.
Many of the jurisdictions have provided digital access to their legislation on websites of the various stakeholders listed below. This index provides an update of changes in statutes and legislation in these countries, this tool though in print assists researchers to know the currency of the law. More information is available on their website.
Jamaica has the earliest history of law reporting, starting from Newton observed that law reports in the Commonwealth Caribbean were short-lived and punctuated by long gaps. According to her,. The Barbados Reports reached volume 2. Newton further identified the main reasons why most unit law reporting efforts have not been sustained:.
Digitization initiatives and the Internet continue to make the laws of Caribbean nations accessible and reachable. It is very common to find legislation, statutes and judgments on judiciary and parliamentary websites.