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Strategic Through Knowledge

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To Sue or Not to Sue?

A person who has suffered loss because another has unjustifiably infringed on his or her civil rights may generally bring an action in court to seek redress. Indeed, every person has the right to sue and demand his day in court. There are, however, some practical considerations that one should take into account when deciding […]

Foreign company setting up shop – be prepared to pay income tax

Companies incorporated overseas continue to have an interest in doing business in the various industries that make up the Jamaican economy. One variable that tends to remain constant in multiple jurisdictions is that income earned by a company may be subject to a tax applied at a specified rate. In Jamaica, income tax may be […]

Minding my Business; How do I start a company? 

Some time ago I wrote an article on the registration of a business in Jamaica. I wish that I could write an article that, on its own, could provide the encyclopedic knowledge required to navigate the numerous regulations to which modern entrepreneurs are subject, but, trust me, neither you nor I would want to read […]

Are you Competitive or Anti-Competitive?

For most companies and other legal persons thoughts of a looming recession usually turn to thoughts of mortality and survival. The company is charging headlong into a battle for survival and is prepared to use any means necessary to emerge from the rubble. Like a battle, the use of force can escalate from intimidation to […]

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 […]

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 […]