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Acts 2017 – December 2017 Update

The Agricultural Loan Societies and Approved Organizations Act (No. 31 – 2017) [1]The Appropriation Act (No. 5 – 2017) [2]The Arbitration Act (No. 13 – 2017) [1] This Act came into force on March 31, 2017.  

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CCJ Decision Myrie vs Barbados

The Shanique Myrie judgment is legally significant in two important respects: 1. it addresses the nature and scope of the right of free movement within CARICOM, and 2. it clarifies other significant doctrinal and practical aspects of Community Law of particular importance to lawyers and scholars. In regard to the latter (2), the judgment clarifies, inter alia, the extent to which fundamental human rights form part of Community Law, the supremacy of Community Law in proceedings in the Original Jurisdiction and the standard of proof in claims before the Court, the permissibility of using statistical evidence in demonstrating a pattern of conduct in establishing a prima facie case, the rejection of claims for exemplary or punitive damages, and the clear affirmation that the judgments of the Court constitute stare decisis and are binding on all CARICOM Member States.

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Attorney General’s 2017 Sectoral Presentation

Mr Speaker- As the representative of the people of the St James West Central Constituency in this Hounourable House, entrusted with the additional role of principal legal adviser to the Government of Jamaica, I remain humbled by the votes of confidence and the trust resposed in me by my constituents and by our Party Leader and Prime Minister -the Most Honourable Andrew Holness, ON, MP.

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The Jamaican Bar Association v The Attorney General and the General Legal Council

The case The Jamaican Bar Association v The Attorney General and the General Legal Council [2017] JMFC Full 02, is a judgment of the Full court arising from a challenge made by the Jamaican Bar Association in respect of the constitutionality of aspects of the Proceeds of Crime Regime as extended to attorneys-at-law carrying out the following activities on behalf of any client:

  1. Purchasing or selling real estate;
  2. Managing money, securities or other assets;
  3. Managing bank accounts or savings accounts of any kind, or securities accounts;
  4. Organizing contributions for the creation, operation or management of companies;
  5. Creating, operating or managing a legal person or legal arrangement (such as a trust or settlement); or
  6. Purchasing or selling a business entity.
The Full Court advised of its decision refusing the declarations.

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Attorney General’s 2016 Sectoral Presentation

In making my maiden presentation to the Sectoral Debate, I congratulate you on your elevation to the presiding chair...

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