May 6, 2025
By Christine St. Marie Mediation, in my view, is not very popular in the legal sphere in our region. Once there is a legal conflict, one is more likely to think of litigation. Many are not even aware that they can seek Alternative Dispute Resolution (ADR), which includes mediation. But what is Mediation? Mediation, as defined by the Mediation Act No.8 2004 (“Mediation Act”) of Trinidad and Tobago, is a process in which a Mediator facilitates and encourages communication and negotiation between the mediation parties and seeks to assist them in arriving at a voluntary agreement.
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April 29, 2025
By Christine St. Marie “Let the hand receiving it be ever so chaste, yet if it comes through a corrupt polluted channel, the obligation of restitution will follow it.”- Lord Commissioner Wilmot in the case of Bridgeman v Green (1757) Wilm 58 Under What Circumstance Can a Deed Be Set Aside in Trinidad and Tobago? In this article, we examine the legal circumstances under which a Deed may be set aside in Trinidad and Tobago. The term "setting aside" refers to a court-ordered process that renders a previously executed Deed invalid or ineffective. When a Deed is set aside, it is treated as null and void—either from the beginning (void ab initio) or from the date of the court's ruling—meaning it has no legal effect. This may occur for various reasons, including fraud, misrepresentation, undue influence, mistake, or lack of capacity. Let’s explore the legal grounds on which such an action may be taken, the procedures involved, and relevant case law or statutory provisions that govern these situations.
April 16, 2025
By Christine St. Marie A crucial factor that is often missed when seeking Judicial Review is the timeframe within which it should be done. The purpose of this article is not so much to delve into the administrative law remedy of Judicial Review itself but to look at the specific aspect of its timeline as governed by the Judicial Review Act Chapter 7:08 (“JRA”) and the Part 56 of Civil Procedure Rules ("CPR") 1998 as amended.
April 12, 2025
By Christine St. Marie Do you have a relative who lived and died overseas, leaving property in Trinidad and Tobago? Do you know that it is possible to distribute the said property, once a general Grant of Representation has been obtained in the jurisdiction where the said relative died through a process referred to as “Resealing the Grant”.
April 5, 2025
By Cari Chandler-Martin As digital technologies continue to reshape the way we communicate, shop, work, and socialize, the protection of personal data has become increasingly critical. For years, Trinidad and Tobago has lagged behind global standards in data privacy. The Data Protection Act, 2011 (Act No. 13 of 2011), although enacted over a decade ago, has only been partially proclaimed. However, recent government movements signaled a renewed urgency to bring the law fully into force by late 2024. This article explores the contents of the Act, how it affects everyday citizens, the significance of its delayed proclamation, and what Trinidadians and Tobagonians need to know going forward.
The Government of Trinidad and Tobago has announced an extension of the Tax and National Insurance Amnesty until May 2, 2025. Initially established by the Finance Act of 2024, the amnesty was originally set for October 1 to December 31, 2024, and had previously been extended to March 31, 2025. This latest extension provides taxpayers and employers additional time to regularize their tax and national insurance obligations without incurring penalties or interest. The recent viral video of a newborn in a plastic pouch at a Trinidad and Tobago hospital has sparked widespread concern, prompting an official response from the South-West Regional Health Authority (SWRHA). The footage, which captures a premature infant in distress, raises serious legal and ethical questions regarding medical negligence and patient rights in our country.
In Trinidad and Tobago, an Independent Legal Advice (ILA) letter is a formal document provided by an attorney to a client after reviewing a legal matter in an impartial and professional manner. This letter serves as proof that the client has received independent legal advice, free from coercion or undue influence, ensuring that they fully understand the implications of a transaction or legal document they are signing.
In Trinidad and Tobago, the proliferation of social media platforms like Facebook, WhatsApp, Instagram, TikTok, and X (formerly Twitter) has transformed communication, enabling instantaneous sharing of thoughts and opinions. However, this digital freedom brings legal responsibilities, particularly concerning defamation. Understanding the legal framework and notable case law surrounding online defamation is crucial for all users to navigate the digital landscape responsibly. While social media encourages free expression, this right is not absolute. It must be exercised with care, as anonymity does not shield individuals from accountability. Recklessly damaging someone’s reputation online can have serious legal consequences, reinforcing the need for responsible digital conduct. As Trinidad and Tobago approaches its general elections, the Single Fathers Association of Trinidad and Tobago (SFATT) has called on political parties to commit to legislative reforms and social policies that address challenges faced by fathers, men, and boys nationwide. SFATT President Rhondall Feeles has emphasized the organization's non-partisan stance, engaging with the government, opposition, and emerging political entities to discuss these issues. |
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