Strategic Through Knowledge

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What to do if you get Sued: Civil Procedure for Civilians

It can happen any day at any time to anyone. You might be at your office, you might be at home, you might even be grocery shopping – if a person comes over to you and hands you a document headed with any of the following titles: ‘Plaint’; ‘Claim Form’; or ‘Fixed Date Claim Form’; […]

Good Deal or Unconscionable Bargain?

Everyone loves a good deal! The shrewd operators among us are able to readily identify and seize opportunities to enter into bargains which are very advantageous, but at times may also be viewed as inequitable. Let us briefly examine some of the possible legal implications of these agreements and the impact on those party to […]

HOME IS WHERE MY HALF IS: Apportioning the family home in Jamaica

When a marriage (including a common law marriage) breaks down irretrievably or is annulled, applications for division of property can be expected to follow. Ordinarily, these applications must be made within twelve months of the divorce, cessation of cohabitation, or annulment (as the case may be). The court having jurisdiction depends on the value of […]

Traffic Title Refund

Important Legal Notice On January 26, 2024, the Constitutional Court made the following orders in the case Housen v The Attorney General and The Commissioner of Police [2024] JMFC Full 02, declaring the drivers and owners of motor vehicles in Jamaica who have paid sums stated on fixed penalty notices/ traffic tickets issued between 15th […]

How to Do Good: Compliance with the Charities Regulations  

Developments in the regulatory landscape in Jamaica have caused registered charitable organizations to improve their standards in terms of transparency, accountability and corporate governance.  The Charities Regulations, 2022 (“the Regulations”) ushered in a series of regulatory changes and imposed new obligations upon registered charitable organizations, aimed at ensuring compliance with anti-money laundering and counter terrorism […]

Secured Creditors & Receivership

Many financial institutions prefer to grant credit facilities to companies where a company can provide collateral/security. Where the facility is collateralised by assets of the company, the financial institution becomes a secured creditor which places them in priority to unsecured creditors, in the event the company becomes insolvent or bankrupt. While many creditors focus on […]

Data Protection: Where do I start?

On December 1, 2023, the remaining sections of the DPA came into force.  On the eve of the day the remaining provisions were set to come into full force, the Office of the Information Commissioner (OIC) issued a press release advising that all Data Controllers will be given a six-month ‘grace’ period to register with the […]

Former Jerky’s manager awarded $5 million for ‘unjustifiable’ dismissal

The Industrial Disputes Tribunal (IDT) has awarded a former restaurant manager $5 million for her “unjustifiable” dismissal after its first decision in 2020 affirming her termination was overturned by the Supreme Court. The IDT is a quasi-judicial body established by law to resolve disputes between workers and their employers. Melisa Donalds was the restaurant manager […]

Real Estate Romance or Heartbreak?

REAL ESTATE ROMANCE OR HEARTBREAK? Deciding to purchase a property, whether by yourself, with your spouse or otherwise is a significant decision that cannot be taken lightly. You can either end up with the property you love or the heartbreak of unfulfilled promises. To ensure your money is well spent, there are a few things […]

Are you paying more income tax than you are required to?

Paying income tax in accordance with the law is a civic duty which we must fulfill as law-abiding citizens. Paying income tax when we are not required to do so is a different matter.  Income tax, as the name suggests, is a tax on income. Income subject to tax includes the earnings of an employee […]