%{search_type} search results

• Introduction
• A myth
• A territory
• A people
• A language
• A brand
• A region

• Introduction
• A myth
• A territory
• A people
• A language
• A brand
• A region.

"How is it that a great swath of the independent, English-speaking Caribbean continues to accept the judicial oversight of their former colonizer via the British institution of the Privy Council? And what possibilities might the Caribbean Court of Justice (a judicial institution responsive to the region, not any single nation) offer for untangling sovereignty and regionhood, law and modernity, and postcolonial Caribbean identity? Joining the CCJ as an intern, Lee Cabatingan studied the work of the Court up close: she attended each court hearing and numerous staff meetings, served on committees, assisted with the organization of conferences, and helped to prepare speeches and presentations for the judges. She now offers insight into not only how the Court positions itself vis-à-vis the Caribbean region and the world, but also whether the Court (and, perhaps, the region itself as an overarching construct) might ever achieve a real measure of popular success. In their quest for an accepting, eager constituency, the Court is undertaking a project of extra-judicial region-building that borrows from the toolbox of the nation-state. In each chapter, Cabatingan takes us into an analytical dimension familiar from studies of nation and state-building-myth, territory, people, language, and brand-to help us understand not only the Court and its ambitions, but also the regionalist project, beset as it is with false starts and disappointments, as a potential alternative to the sovereign state"-- Provided by the publisher.

• 1. Structure of Real Property Law
• 2. Co-Ownership
• 3. Licenses and Proprietary Estoppel
• 4. Creation of Leases
• 5. Leasehold Covenants
• 6. Assignment, Termination of Leases and Distress
• 7. Condominium
• 8. Restrictive Covenants
• 9. Easements
• 10. Mortgages
• 11. Adverse Possession
• 12. Sale of Land
• 13. Registration of Title
• APPENDIX 1 Glossary of legal terms
• APPENDIX 2 Sample property sale agreement
• APPENDIX 3 Sample lease agreement
• APPENDIX 4 Sample memorandum of mortgage
• APPENDIX 5 Sample mortgage by charge
• APPENDIX 6 Sample certificate of title
• APPENDIX 7 Questions and Answers
• Index.
• (source: Nielsen Book Data)

Written by an experienced textbook author and former lecturer at the University of the West Indies This new edition has been thoroughly revised to include all new relevant updates to the law, and also features expanded coverage of estates and equity. Also now includes a question and answer section at the end of the book to support student's understanding of the material.
(source: Nielsen Book Data)

• Introduction
• Trespass to the person
• Malicious prosecution
• Negligence
• Occupiers' liability
• Employers' liability
• Nuisance
• The rule in Rylands v Fletcher
• Liability for animals
• Defamation
• Passing off
• Personality rights
• Vicarious liability
• General defences
• Damages for personal injuries and death
• Medical negligence in the Commonwealth Caribbean
• The developing tort of misuse of private information

Written by a Caribbean-based academic and practitioner Written with an emphasis on contemporary law and how it has evolved this textbook is relevant to LLB students, second level law students and practitioners in the region.
(source: Nielsen Book Data)

• Introduction.
• Chapter 1: The origins of legal transplantation in the British West Indies, 1500s-1700s.
• Chapter 2: The origins of slave laws within the British West Indies 1600s.
• Chapter 3: The comprehensive slave codes of the British West Indies and their reverberations, 1660s-1700s.
• Chapter 4: The tole of legal transplantation within manumission law and other ameliorative measures.
• Chapter 5: Legal transplantation within post-emancipatory British West Indies, 1830s-1870s. Conclusion.
• (source: Nielsen Book Data)

"This book provides a legal historical insight into colonial laws on enslavement and the plantation system in the British West Indies. The volume is a work of comparative legal history of the English-Speaking Caribbean which concentrates on how the laws of England served to catalyse the slavery laws and also legislation pertaining to post-emancipation societies. The book illustrates how these "borrowed" laws from England not only developed colonial slavery laws within the English speaking Caribbean but also inspired the slavery codes of a number of North American plantation systems. The cusp of the work focuses on the interconnectivities among the English-speaking slave holding Atlantic and how persons, free and unfree, moved throughout the system and brought laws with them which greatly affected the various enslaved societies"-- Provided by publisher

• Introduction
• The Judicial Committee of the Privy Council (JCPC)
• The JCPC and the governing coalition
• The Commonwealth Caribbean
• The rise of the Caribbean Court Of Justice (CCJ)
• Summary and the future extraterritorial courts

Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.
(source: Nielsen Book Data)

• Introduction
• Jurisdiction
• Abuse of process
• Arrest, search, and seizure
• Prosecution and bail
• Initiation of proceedings
• The plea
• Summary trial
• Criminal procedure rules
• Summary appeals
• Triable either way
• Committal proceedings
• Paper committals and committal for sentence
• Preliminaries to indictable trial
• The course of an indictable trial
• The jury
• The verdict
• Criminal appeals
• Sentencing
• Juveniles
• Extradition.

The fifth edition of this best-selling book has been thoroughly revised to take into account recent developments in the law in criminal practice and procedure across the region. As the only textbook to explore criminal practice and procedure as it relates to the Commonwealth Caribbean, the book clarifies the state law in each of 11 jurisdictions, while at the same time making it clear when laws are the same or similar and highlighting where differences among jurisdictions occur. Both statute law and common law are examined in the relevant jurisdictions, which include Trinidad and Tobago, Guyana, Barbados, Jamaica and Grenada amongst others. The impact of statutory changes in the laws are analysed, as well as recent developments in the common law. Throughout the text the statutory law in the Commonwealth Caribbean is compared with similar English legislation, in light of the analysis of such legislation in English case law. This book is the recommended textbook for all professional law schools in the Commonwealth Caribbean and is used at regional universities as a reference book for criminal justice students. In addition, as the only book that deals specifically with criminal practice and procedure in the regions, it has proved a valuable reference tool for legal practitioners, judicial officers and police officers.
(source: Nielsen Book Data)

• Foreword
• Preface
• Introduction
• Insurance regulation
• The nature of insurance
• Contract formation
• Insurable interest in life insurance
• Insurable interest in property insurance
• The status of the beneficiary in life insurance
• Utmost good faith, fraud, misrepresentation and non-disclosure
• Contractual terms
• Causation
• Construction of the contract of insurance
• The claims procedure
• Public policy
• Intermediaries
• Subrogation, measure of loss and reinstatement.

This book sets out in a clear and concise manner the central principles of insurance law in the Caribbean, guiding students through the complexities of the subject. This book features, among several other key themes, extensive coverage of: insurance regulation; life insurance; property insurance; contract formation; intermediaries; the claims procedure; and analysis of the substantive laws of several jurisdictions. Commonwealth Caribbean Insurance Law is essential reading for LLB students in Caribbean universities, students in CAPE Law courses, and practitioners.
(source: Nielsen Book Data)

• Introduction
• Federation and independence
• The supremacy of Parliament and the supremacy of the Constitution
• Magna Carta and human rights
• Parliamentary structures and composition
• Commonwealth Carribbean presidencies
• The challenge of constitutional reform.

• Commencement of proceedings
• Responding to a claim
• Service out of the jurisdiction
• Parties and joinder
• Ancillary claims
• Default judgments
• Summary judgment
• Case management
• Amendments to statements of case
• Applications for court orders
• Interim injunctions
• Freezing ('mareva') injunctions and search ('Anton Piller') orders
• Disclosure and inspection of documents
• Requests for further information
• Security for costs
• Offers to settle and payments into court
• Interim payments
• Striking out and discontinuance
• Expert witnesses
• Affidavits
• Witness statements
• Pre-trial review
• Trial, judgments and orders
• Costs
• Enforcement of judgments
• Appeals.

This new fourth edition of a well-established book is a timely response to the continuing development of the new rules of civil procedure in force in most of the jurisdictions of the English-speaking Caribbean. The new edition has been substantially revised to cover amendments to, and recent case law interpreting and applying, the Civil Procedure Rules of the various territories. It is essential reading for law students and legal practitioners in the region.
(source: Nielsen Book Data)

• Introduction to legal systems
• Law of obligations : making the contract
• Law of obligations : attacking the contract
• Law of obligations : torts
• Criminalising business activities
• The law of agency
• Internet law and business.

Now in its third edition, Commonwealth Caribbean Business Law continues to break away from the traditional English approach of treating business law primarily as the law of contract and agency. Taking a panoramic view, it explores the foundation of various legal systems before examining areas of legal liability that affect business activities. These include areas such as contract law, tort law, criminal law, agency and internet law which present significant challenges confronting the business sector. The book primarily targets the development of business law principles in several Caribbean Commonwealth jurisdictions but, where appropriate, also embraces the jurisprudence of other Commonwealth nations, such as the United Kingdom, Canada and Australia. It also explores the United States as a non-Commonwealth jurisdiction, given the increasing importance in the Caribbean of judicial pronouncements relating to internet law from this territory. Using excerpts from key judgments, the book allows students, particularly those with a non-legal background, to understand key legal principles for business as presented by the judiciary and draws parallels between legal theory and business practice.
(source: Nielsen Book Data)

• Trespass to the person
• Malicious prosecution
• Negligence
• Occupiers' liability
• Employers' liability
• Nuisance
• The rule in Rylands v Fletcher
• Liability for animals
• Defamation
• Passing off
• Vicarious liability
• General defences
• Damages for personal injuries and death
• Medical negligence in the Commonwealth Caribbean / Roy Anderson
• The developing tort of misuse of private information / Vanessa Kodilinye.

Tort law is a subject of primary importance in the study and practice of the common law in Caribbean jurisdictions. This work is now well established as the leading text on tort law in the region, and this fifth edition has been updated throughout to incorporate developments in law and legal thinking, including special contributions on medical negligence and the misuse of private information from the Hon Justice Roy Anderson and Dr Vanessa Kodilinye. The accessible writing style and integration of up-to-date material enables students to grasp the salient points and develop a thorough understanding of Tort Law in the Caribbean. 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. 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.
(source: Nielsen Book Data)

• Foundations
• Constitutional structures of government
• Interpretation
• Supremacy of the constitution
• Judicial review
• The rule of law
• The distribution and separation of governmental powers
• Judicial independence
• Fundamental rights and freedoms
• Constitutional change and development.

"This book explores the different systems of constitutional governance that exist in the independent states and overseas territories in the Anglophone Caribbean, and examines the core principles associated with constitutional law in this region"--Preface.

• 1. CONSTITUTIONAL HISTORY
• 2. THE HEAD OF STATE
• 3. ELECTORAL SYSTEMS
• 4. THE EXECUTIVE
• 5. PARLIAMENT
• 6. THE CONSTITUIONAL ROLE OF THE COURTS
• 7. THE CONSTITUIONAL IMPLICATIONS
• 8. POST-INDEPENDENCE CONSTITUIONAL REFORM.
• (source: Nielsen Book Data)

The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south. Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the so-called 'Westminster model'. Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia. This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean. While taking due account of the region's colonial past and its imprint on postcolonial constitutionalism, the book also considers notable developments that have occurred since independence. These include the transformation of Guyana from a parliamentary democracy to a Cooperative Republic with an executive president; the creation of a Caribbean Single Market and Economy and its implications for national sovereignty; and the replacement of the Judicial Committee of the Privy Council by the Caribbean Court of Justice as the final court of appeal for a number of countries in the region. The book also addresses the resurgence of interest in constitutional reform across the region in the last two decades, which has culminated in demands for radical reforms of the Westminster model of government and the severance of all remaining links with colonial rule.
(source: Nielsen Book Data)

• Grounds for judicial review
• Natural justice
• Obstacles to a judicial determination of the merits of a judicial review application
• Conduct of judicial review proceedings
• Remedies
• Breaking new grounds.

The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Caribbean people, insisting on proper governance of the area's public bodies. This new book analyzes judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolution of Caribbean society in the twenty-first century. Bringing together cases and materials on judicial review in the Caribbean for the first time, this book examines what judicial review is, before going on to discuss the grounds, obstacles and conduct within the judicial review process. It concludes by examining the future of judicial review and justice more generally in the Caribbean. Legal professionals in the Caribbean will find it a useful and comprehensive reference tool.
(source: Nielsen Book Data)

• Divining and defining obeah
• Anti-obeah provisions in the laws : a comparative overview
• Images of obeah : practitioners at work in Suriname, Trinidad, and Jamaica
• Patterns in governance and vagrancy laws : framing the development of anti-obeah legislation
• The territories and their laws. Jamaica
• Barbados
• Trinidad and Tobago
• British Guiana/Guyana
• The Bahamas
• Leeward Islands Federation
• Antigua and Barbuda
• Anguilla
• St. Kitts (St. Christopher) and Nevis
• British Virgin Islands
• Montserrat
• Dominica
• Grenada
• St. Lucia
• St. Vincent and the Grenadines
• British Honduras/Belize
• Turks and Caicos
• Cayman Islands.

More than two and a half centuries after it was first outlawed in Jamaica in 1760, obeah remains illegal in most territories of the former British West Indies. Yet, opinions on the meaning and essential nature of this controversial Afro-Caribbean spiritual phenomenon vary widely. While many contemporary West Indians hold negative views of obeah, viewing it as evil witchcraft or sorcery, others point to its widespread use in healing, protection from harm and solving a wide range of everyday problems - positive views that were also commonly held by enslaved West Indians in earlier generations. Despite the scholarly attention obeah has received, relatively little has been written about the many laws enacted against it in different territories at different periods. Offering a perspective on obeah that challenges conventional conceptions of this widely misunderstood aspect of West Indian society and culture, the core of this book is a detailed examination of anti-obeah laws, and their socio-political implications, in seventeen jurisdictions of the English-speaking Caribbean from the period of slavery to the present. Aside from chronologically tracing in each territory the development of these laws and their major provisions, the book also examines how anti-obeah legislation has helped to create and perpetuate cultural distortions that resound into the present. Anti-obeah legislation, particularly after the end of slavery in the nineteenth century, played a central role in creating public misunderstandings of the meaning and role of obeah among the West Indian masses, and led to the stigmatization and devaluation among future generations of African-derived spiritual beliefs and practices.
(source: Nielsen Book Data)

• Introduction: Toward a West Indian hermeneutics : the role of the Caribbean Court of Justice
• Legal hermeneutics : a philosophical critique
• Controversial propositions of law and the positivist embarrassment : the Hart/Dworkin debate reconsidered
• On reading the Ninth Amendment : a reply to Raoul Berger
• A poetic for law : constitutional theory as metaphor
• Reading Dred Scott, Plessy, and Brown : toward a constitutional hermeneutics
• West Indian constitutional discourse : a poetics of reconstruction.

The critical importance of interpretation to the enterprise of constitutional adjudication has been highlighted recently by several cases out of the Commonwealth Caribbean. In Reading Text and Polity, noted law Professor Simeon McIntosh contends that hermeneutics - the art of interpretation - is central to how Caribbean constitutions are read and in turn, is a fundamental political act defining not only individuals, but communities. In this collection of essays, McIntosh argues that the received ways of reading Caribbean Constitutions have resulted in Caribbean societies being trapped within a colonial hermeneutic. Confronted with some of the same philosophical issues evident in American constitutional theory, Caribbean constitutional theory has also had to deal with judicial authority and the constraints on legitimate interpretation. The retention of the special savings clause in most of the Caribbean constitutions has resulted in a fixing of the meaning of the constitutional text giving rise to a virtual cap on the nature and scope of adjudication and consequently the true authority of the Judicial system in a constitutional democracy. Reading Text and Polity addresses this fundamental challenge of interpretation and implications for the role of the Caribbean Court of Justice.
(source: Nielsen Book Data)

• 1. Jurisdiction
• 2. Abuse of Process
• 3. Arrest, Search and Seizure
• 4. Prosecution and Bail
• 5. Initiation of Proceedings
• 6. The Plea
• 7. Summary Trial
• 8. Summary Appeals
• 9. Triable Either Way
• 10. Committal Proceedings
• 11. Paper Committals and Committal for Sentence
• 12. Preliminaries to Indictable Trial
• 13. The Course of an Indictable Trial
• 14. The Jury
• 15. The Verdict
• 16. Criminal Appeals
• 17. Sentencing
• 18. Juveniles
• 19. Extradition.
• (source: Nielsen Book Data)

The third edition of this bestselling book has been thoroughly revised to take into account recent developments in the law and includes a new chapter on extradition. The only textbook that explores criminal practice and procedure as it relates to the Commonwealth Caribbean, the book clarifies the state law in each of the eleven jurisdictions, making it clear when laws are the same or similar and highlighting where differences between jurisdictions occur. Both statute law and common law are examined in the relevant jurisdictions which include Trinidad, Tobago, Guyana, Barbados, Jamaica and Grenada amongst others. The impact of statutory changes in the laws are analyzed, as well as recent developments in the common law. Throughout the text the statutory law in the Commonwealth Caribbean is compared to similar English legislation, in the light of the analysis of such legislation in English case law. Commonwealth Caribbean Criminal Practice and Procedure is the recommended textbook for all professional law schools in the Commonwealth Caribbean and is used at regional universities as a reference book for criminal justice students. In addition, as the only the book which deals specifically with criminal practice and procedure in the regions, it has proved a valuable reference tool for legal practitioners, judicial officers and police officers.
(source: Nielsen Book Data)

"The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 100 jurisdictions which participate in the work of the Global Forum on an equal footing. The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention. The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. "Fishing expeditions" are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard. All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction's legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined -- Phase 1 plus Phase 2 -- reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes. All review reports are published once approved by the Global Forum and they thus represent agreed Global Forum reports."--P. [4] of cover.