Keeping you aware and abreast
Understanding the Law
Keeping you aware and abreast
webmaster 
March 6, 2020
VIRUSES ARE transmitted when a person breathes in the droplets from another person who sneezes or coughs. Yes, it takes two persons to set the influen...
Understanding the Law
A layperson’s perspective on viruses
webmaster 
February 28, 2020
I am not criticizing anyone, but we need to hear more from the medical people about the viruses we have to deal with. I am not about to give a lecture...
Understanding the Law
Your Conduct in Court
webmaster 
February 21, 2020
YOU HAVE BROUGHT a claim against another party in court. Since you are the claimant you have a duty to be present everyday of the trial, because you n...
In contempt of Court
Understanding the Law
In contempt of Court
webmaster 
February 14, 2020
THE COURT IS an important institution, which deals with matters of grave consequences. In most cases one party will win and the other will lose. It is...
Understanding the Law
Serving as a juror
webmaster 
February 7, 2020
YOU HAVE met the requirements to be a juror. Your name was given by persons in your community or was taken from the electoral list. The list of prospe...
Understanding the Law
Expert Witnesses
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January 31, 2020
WE HAVE LOOKED at evidence before and shown how evidence can be given orally or in affidavit form to the court. Mention was also made of deposition gi...
Understanding the Law
Affidavit evidence in civil court
webmaster 
January 24, 2020
EVIDENCE IS AN important part of presenting a case before the court. Very often it is oral evidence where witnesses on the stand are questioned in cou...
Understanding the Law
Evidence in Court
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January 17, 2020
Evidence is an important element of a court case, especially in the trial. It is the way by which information is put before the court to prove a matte...
Understanding the Law
Injunctions
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January 10, 2020
There is a dispute over the boundary between John and his neighbour but before the matter is settled, his neighbor commences to build a dividing wall ...
Understanding the Law
Some thoughts for the New Year – 2020
webmaster 
January 3, 2020
A decade has gone by and another begins. It is 2020. It is a time for reflection like we do at the end of each year. It has become a ritual. Many make...
Understanding the Law
Christmas in SVG
webmaster 
December 20, 2019
Christmas is a few days away. Christmas carols are playing; the stores are crowded with shoppers; colourful lights shine from houses at nights and sch...
Negligence
Understanding the Law
Negligence
webmaster 
December 13, 2019
It is important to note from the start that negligence could be the reason for a tort or a criminal action. It is, however, the aim of this article to...
Understanding the Law
Significance of the Word ‘Reasonable’
webmaster 
December 6, 2019
The word “Reasonable” is seemingly ordinary, but it is fundamental in law. The online dictionary describes it as showing reason or sound judgment, bei...
Understanding the Law
Running down actions
webmaster 
November 29, 2019
Running down action occupies a considerable amount of the court’s time. These are actions by persons who have suffered injuries or property losses due...
Understanding the Law
Authority equals power
webmaster 
November 22, 2019
Starting with the home, at the familiar level, authority normally resides with the parents. The parents have the power and they are in charge of the h...
Understanding the Law
Probable cause
Adib 
November 15, 2019
Warrantless arrest and the role of probable cause The phrase “probable cause” is used very often in criminal matters. These words are on the mind of e...
Understanding the Law
Time is of essence
Adib 
November 8, 2019
This phrase is used in everyday parlance, but carries tremendous significance in contract law. In a contract relating to the sale of land or for const...
Witness summonses
Understanding the Law
Witness summonses
Adib 
November 1, 2019
You could be summoned to a civil or a criminal court to give evidence in a matter that you have knowledge of. If you were present when the events occu...
Save our children
Understanding the Law
Save our children
Adib 
October 25, 2019
There needs to be more focus on the issue of child abuse and its prevention. Abuse could be physical, as well as sexual, and could have a psychologica...
Sexual Offences
Understanding the Law
Sexual Offences
webmaster 
October 18, 2019
The Laws of St. Vincent and the Grenadines list the following as sexual offences:- rape, indecent assault, incest by a man or woman, buggery, intercou...
Sexual predators
Understanding the Law
Sexual predators
webmaster 
October 11, 2019
I have written on sexual offences before, but the recent ranking of countries according to the rate of sexual offences has prompted me to revisit the ...
Understanding the Law
Rape! Underage?
webmaster 
October 4, 2019
Victim: 13 years old! Ten accused rapists/ abusers/ school children, all between the ages of 14 and 16 years. Crime scene - school! This is really bad...
Preceding the trial
Understanding the Law
Preceding the trial
webmaster 
September 27, 2019
The term “case management” has been used in business and health care long before its usage in law. Case management is a useful tool for conducting cer...
Preparing for trial
Understanding the Law
Preparing for trial
webmaster 
September 20, 2019
Civil Procedure Rules 2000 (CPR2000) brought the useful tool of case management to the court. Case management is not only done to prepare cases for tr...
Understanding the Law
Assessment of damages-2
Special Damages continued
webmaster 
September 13, 2019
ONE PRINCIPLE THAT is important to parties in Assessment of damages and in particular, special damages, is that a defendant must take the claimant as ...
Understanding the Law
Assessment of Damages
webmaster 
September 6, 2019
When a judge makes a decision in an accident case the injured party would be awarded damages. After the judge makes a decision on the substance of the...
Burden of Proof and Standard of Proof
Understanding the Law
Burden of Proof and Standard of Proof
webmaster 
August 30, 2019
The law is fairly settled in SVG and is similar in many ways to the British model from which most of our laws come. We both subscribed to the common l...
The Eggshell rule
Understanding the Law
The Eggshell rule
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August 23, 2019
EGGSHELL SKULL or thin skull rule is a well-established legal doctrine in criminal law, as well as tort. The rule is on the side of a victim harmed by...
Evidence in Court
Understanding the Law
Evidence in Court
webmaster 
August 16, 2019
Evidence is an important element of a court case especially in the trial. It is the way by which information is put before the court to prove a matter...
Understanding the Law
More on Nuisance
webmaster 
August 9, 2019
According to the Noise Control Act, the Physical Planning and Development Board developed under the Town and Country Planning Act, can if it is satisf...
Understanding the Law
The tort of Nuisance
webmaster 
August 2, 2019
A tort is a civil wrong (as opposed to a criminal wrong) done to someone for which there is a remedy in the civil court. Torts are committed by and ag...
Understanding the Law
Tort law is on your side
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July 26, 2019
We have been looking at the law of tort for a few weeks and you would know that you can bring an action against another if you have suffered losses be...
Understanding the Law
Do not take the law into your own hands
Adib 
July 19, 2019
We are supposed to be a law-abiding people, but life could be difficult. We all know that the road in life is not always easy. There are smooth stretc...
Understanding the Law
Negligence
webmaster 
July 12, 2019
It is important to note from the start that negligence could be the reason for a tort or a criminal action. It is however the aim of this article to d...
Understanding the Law
The law of Tort
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July 5, 2019
We hear quite a great deal about criminal law. The proceedings are well publicized in the local newspapers when cases are reported either from the Mag...
Save yourself from the rigors of a day in court
Understanding the Law
Save yourself from the rigors of a day in court
webmaster 
June 28, 2019
You want your day in court, but would it be worth all the rigours of a court trial when at the end of the day you fail to prove your case and you have...
Warrantless arrest and the role of probable cause
Understanding the Law
Warrantless arrest and the role of probable cause
webmaster 
June 21, 2019
The words “probable cause” are used very often in criminal matters. These words are on the mind of every police officer when he confronts a suspect an...
Do the innocent pay for the guilty?
Understanding the Law
Do the innocent pay for the guilty?
webmaster 
June 14, 2019
In a narrow sense if a person is charged with a crime and that person is proven guilty in a miscarriage of justice then it could be said that the inno...
Understanding the Law
A Will and Related Matters
webmaster 
June 7, 2019
Last week we looked at the role of an executor in a will. This week we would look at other associated matters. Some owners of properties would like to...
Your Executor/s Executrix/es
Understanding the Law
Your Executor/s Executrix/es
webmaster 
May 31, 2019
The word “executor” is used for a male and “executrix” for a female person who is named in a will to act on behalf of the testator (that is the maker ...
Understanding the Law
A vigilant court
webmaster 
May 24, 2019
Because it is an old institution, some might think that the court is not in tune with the pulses of those whom it serve through its rules and regulati...
Understanding the Law
All about the new fees in estate matters
webmaster 
May 17, 2019
A will is a document that comes into effect after death. The person who the testator named to be the executor takes on his duty to probate the will. H...
Be neighbourly
Understanding the Law
Be neighbourly
webmaster 
May 10, 2019
Mosquitoes continue to be a big problem a real nuisance. Does the condition exist on your property that provides breeding places for mosquitoes? The a...