The following blog provides a high-level overview of time, time computation, limitation and compliance periods for current Trinidad & Tobago legal matters. Computing time for litigious matters Sometimes one of the first questions a client asks when they approach a lawyer (to conduct their matter) is, “Am I out of time?” Many preliminary points are […]
Continuing with some components to consider for an employment contract: Intellectual Property Rights Many workplaces are fertile ground for a lot of ideation due to, among other factors, how much problem-solving occurs at work. The work setting can be ripe for the development of inventive products and/or processes that either provide a new way of […]
Continuing with some more components to consider when preparing an employment contract: Leave entitlements – state the employee’s apportionment of leave – vacation/holiday, sickness or any other special leave e.g. study leave, bereavement leave etc. Include the conditions for each type of leave and the method of calculation of the employee’s pay during these leave […]
This an avenue for the High Court to exercise its supervisory jurisdiction over the work and activities of public bodies/authorities, inferior tribunals etc. Judicial review cannot be pursued against decisions of private entities or against superior courts. Objective The intention is not for the High Court to substitute its opinion for that of the public […]
Claimants often commence (or wish to commence) Court claims in contract or in tort. Damages are the compensation available for the Court to award to a Claimant who is successful at their claim. Objective of a damages award In tort claims, the purpose of an award of damages is to put a Claimant in the […]
Here are some useful components to consider when preparing employment contracts: The parties i.e. state the proper names of the employer and employee and other relevant particulars for e.g. addresses of the parties. Nature of the Employment Contract – state whether it’s a Fixed Term or Permanent Contract and that it is a Contract […]
Whether it is described as a pre-action protocol letter, pre-action letter, demand letter, letter before action, letter of claim or letter before claim the purpose and content is generally the same. Objective of the Pre-Action Protocol Letter Relevant disclosure is important for this letter because the objective of this correspondence is for parties to […]
This has different meanings in the legal context. Jurisdiction is an important consideration in (commercial) contracts and also when initiating court proceedings. The principle is also important in international law. Jurisdiction (as in power/authority) A court or tribunal must have the power/authority to hear or decide a case and give a particular order. A tribunal […]
Like there is a cost of doing business there is a cost to litigating. The courthouse is not a place you just rush to “to get your pound of flesh”, “make the other party pay” or “make an example of the other party” without considering the cost of the entire exercise. Costs have what may […]
In a previous blog I shared about the importance of reading and understanding what you are signing; because a person is usually bound by their signature to a document (save and except in certain circumstances). The essence of the principle of non est factum (it is not my deed) is that the person signing believed […]