Section 16(2) states that, “In the determination of a person’s civil rights and obligations or of any legal proceedings which may result in a decision adverse to his interests, he shall be entitled to a fair hearing within a reasonable time by an independent and impartial court or authority established by law.” In a typical …
On March 16, 2015, in an article titled ‘Is a foreign court’s judgement enforceable?”, I discussed the decision of the Supreme Court in the case of Miller v Miller [2015] JMSC Civ. 18. It turns out that the matter did not end there, because Mrs Miller, who had failed in her bid to enforce the …
As from January 5, 2004, the Access to Information Act (“the Act”) allows every person the right to obtain access to official documents held by public authorities, other than exempt documents. Exempted documents include Cabinet documents, such as Cabinet submissions, notes and decisions. What is Cabinet? According to cabinet.gov.jm, “Cabinet is the highest decision-making body …
Access to Cabinet Documents: The Matter of Exemption Read More »
A divorced mother of two boys recently asked me a question that prompted research into the question of when a child’s views as to arrangements for access can really make a difference. The mother said that her and the children’s father have been divorced for 8 years, she has always had care and control of …
Section 3 of the Sexual Offences Act defines rape in this way: (1) A man commits the offence of rape if he has sexual intercourse with a woman– (a) without the woman’s consent; and (b) knowing that the woman does not consent to sexual intercourse or recklessly not caring whether the woman consents or not. …
Judges have an awesome responsibility to consider evidence, listen carefully to both (or all) sides dispassionately and apply the law to the facts before making a ruling. For litigants, the depth of a judge’s inquiry and analysis are not usually obvious when a ruling is made and litigants sometimes feel that the evidence was misunderstood …
The period between June 1 and November 30 each year brings the most positive and negative excitement in the Caribbean. From the high points of enjoying sun, sea and sand between June and August, we usually live through the nerve-racking month of September that never fails to conjure memories of hurricanes Gilbert, Ivan, and even …
The topic of surrogacy does not stand alone. It is a part of the far bigger topic of artificial reproductive technology, which includes the harvesting of sperm and eggs, the creation of embryos, in vitro fertilisation and gender selection, to name a few. Even more important, at the centre of all of these discussions is …
