Strategic Through Knowledge

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Sticks and stones will break my bones, but words alone…Will they cost me?

Elections have always been a heated time in Jamaican history, but this election season has certainly shed new light on the potential cost of words. As election day has come and gone, the headlines have been filled with accusations of alleged defamatory statements by leaders from both of our major political parties. Are statements such […]

Voluntary Copyright Registration in Jamaica

Registration of copyright protected works is not mandatory in Jamaica. An author is automatically vested with copyright once he creates and records certain types of works, namely: original literary, dramatic, musical or artistic work; sound recording, film, broadcast or cable programme; or typographical arrangements of published editions. While there are no formal or procedural requirements […]

Legal Effects of Transferring a Lease

Most lease agreements dealing with property consists of a ‘successors and assigns’ clause which confers on the parties the right to transfer their rights and privileges under the lease to a third party. With the inclusion of this clause, it is oftentimes assumed that a transferee of a lease will ‘stand in the shoes’ of […]

Litterbugs: Messing With The Law

Has littering in a public place become so widespread that it is out of control? One school of thought is that the laws already in place to contain offenders are not being enforced. Another thought is that the law which makes littering an offence cannot be the only deterrent to prevent a person from doing […]

Why it Still Makes Cents to List on the Junior Market

I recently had the pleasure of speaking at the “Junior Market Clinic” hosted by the Jamaica Stock Exchange (“JSE”) in association with the Inter-American Development Bank and the Ministry of Finance. The Clinic was one of a series of events commemorating the JSE’s National Investor Education Week. The Junior Market Clinic was aimed at Small […]

Property Division After Divorce in Jamaica

The Privy Council gave very strong guidance to Jamaican courts adjudicating on the property entitlements of husband and wife after divorce in the case of Eutetra Bromfield v Vincent Bromfield, a Jamaican case heard and decided earlier this year by our highest court. The upshot of the decision is that since the courts in Jamaica […]

Voter Privacy caught in the World Wide Web

In the time it takes you to read this article, a hacker could have downloaded a digital copy of Jamaica’s Official Voters’ List, complete with the name, date of birth, occupation and current or former home address for every registered voter in the Island. This information is available on the Electoral Commission of Jamaica’s (ECJ) […]

Demanding Good Supply

In the world of large scale construction, one of the most important relationships a contractor can have is with his suppliers. In Jamaica we have a culture of handshake agreements and we are often comforted by knowing we can call the “owner man” personally if we ever have an issue. This is all well and […]

Withholding Tax On Specified Services

After months of postponement, the 3% withholding tax on specified services took effect yesterday. Since the tax was first announced, many have bemoaned the negative effects that it may have on the private sector. Additionally, there have been several questions raised as to how the tax would be computed and the mechanics of its enforcement, […]

Can your Last Will and Testament be ignored?

The Last Will and Testament ought to represent an individual’s final wishes on how his assets ought to be shared after his death (“the testator”). In drafting a will, a testator has the “testamentary freedom” to determine not only who should benefit but also the specific interest in particular assets.. That freedom was only subject […]