-Law

"This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region s constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region s political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of lawful devolution of sovereignty and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a new constitutional discourse shaped by a Caribbean court of final appeal. " "

Cases and Materials on EU Law is a highly respected EU law text and the only cases and materials book in the field. With his clear, engaging writing style, Stephen Weatherill presents the main constitutional and substantive areas of EU law alongside the themes and principles that have shaped the development of the EU and its policies.

The 12th edition provides a wealth of carefully selected case law alongside engaging extracts and materials to help explain the complexities of EU law in a contextualized and thought-provoking manner. Insightful author notes and questions accompany each extract, providing valuable additional detail to challenge understanding and encourage students to engage critically with the material.

This title is accompanied by an Online Resource Centre, providing students with extra learning materials including:
- an interactive map of Europe
- a timeline of the EU
- video footage
- a guide to further web resources
- a table of equivalences
- legal updates
- guidance for lecturers on using the book when teaching.

Cases and Materials on EU Law provides a proven selection of important cases and legislation, supported by Weatherill's insightful notes and questions throughout. The book covers legislative and constitutional developments as well as the current themes and issues surrounding EU law.

Cheshire, Fifoot & Furmston's Law of Contract remains one of the leading textbooks on contract law more than 50 years after the publication of its first edition. It combines a clear and authoritative account of the principles of the law of contract with thought-provoking analysis and insights.

- The clarity of the narrative and lucid writing style helps to bring understanding of complex issues to a wider readership
- Each topic is clearly signposted with summaries, introductory text and sub-headings for ease of navigation throughout the book
- Numerous references to additional primary and secondary sources take the reader even further into the subject

This volume focuses on the continuing practical importance of equity in the law today. The authors demonstrate both the impact of the law of trusts and the law of fiduciaries upon such diverse subjects as corporate and bankruptcy law, as well as the continuing need for further discussion on the relationship between equity and commercial law. In combining theoretical and practical knowledge, this volume will be interesting to professionals and scholars involved in commercial or corporate law, bankruptcy, and trusts.

In the last twenty five years, company law in the Commonwealth Caribbean has undergone dramatic changes, from a model influenced by English law to a new, harmonised collection of regional legislation based on the Caricom and CLI model Acts that vary substantially across Caricom member states.

The variation within Caribbean company law presents an enormous challenge, both in terms of the breadth of the subject and in addressing the difference in provisions of one state's Company Law Act as opposed to another. Using the Caricom model Act and CLI model Act as a basis for its structure, Commonwealth Caribbean Company Law examines and compares regional implementation of company law in an accessible and comprehensive manner that will be invaluable to students and practitioners in the region.

This important new text is the product of several years of research of the family law of fifteen Commonwealth Caribbean jurisdictions. It is the first and only legal text that comprehensively covers all the main substantive areas of spousal family law, including marriage, divorce, financial support, property rights and domestic violence.

The rights of the statutory spouse in the jurisdictions of Barbados, Belize, Guyana, Jamaica, and Trinidad and Tobago are examined, thus addressing, on a jurisdictional basis, an important area of spousal family that is seldom covered in English family law texts. The book also covers the number and variations of divorce regimes applicable to the region - the matrimonial offence divorce model of Guyana and Montserrat, the English five fact model of Trinidad and Tobago, Dominica, Grenada, Anguilla, and St Vincent and the Grenadines, the hybrid model of Antigua and Barbuda, Belize and St Kitts and Nevis, and the no fault model of Jamaica and Barbados.

This book will prove an indispensable resource for law students and legal academics, as well as for family law practitioners across the English-speaking Caribbean. Other professionals, including sociologists and social workers, will also find the book useful and informative.

Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean.

The author explores:

- the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council

- the offshore financial legal sector

- Caribbean customary law and the rights of indigenous peoples

- the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights

- the impact of the historical continuum to the region's jurisprudence including the question of reparations

- the complexities of judicial precedent for Caribbean peoples

- international law as a source of law

- alternative dispute mechanisms and the Ombudsman

Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.

Property law is concerned with a wider variety of rights, obligations and interests than most other areas of law, and can prove daunting to those studying the subject for the first time. Commonwealth Caribbean Property Law sets out in a clear and concise manner the central principles of the law of real property in the region, in order to guide students through this often complex core subject area. In this new edition, the book has been fully revised and updated to include important new case law from the various Caribbean jurisdictions and an expanded appendix of working documents.

With comprehensive coverage of the main topics studied by undergraduates, such as Leases, Co-Ownership, Restrictive Covenants, Easements, Mortgages, and Land Sale, this textbook is essential reading for LLB students in Caribbean universities and students on CAPE Law courses. The extensive coverage of land law from a Caribbean perspective and analysis of the substantive laws of several jurisdictions will also make this text an invaluable reference tool for practitioners.

Tort law is a subject of primary importance in the study and practice of the common law in Caribbean jurisdictions. This work is now well established as the leading text on tort law in the region, and this fifth edition has been updated throughout to incorporate developments in law and legal thinking, including special contributions on medical negligence and the misuse of private information from the Hon Justice Roy Anderson and Dr Vanessa Kodilinye. The accessible writing style and integration of up-to-date material enables students to grasp the salient points and develop a thorough understanding of Tort Law in the Caribbean.

Although conceived primarily as a text for the LLB degree courses in Caribbean universities, Commonwealth Caribbean Tort Law is also essential reading for students preparing for the CAPE Law examinations and the various paralegal courses in the region. Legal practitioners will find the book useful as a work of ready reference, and it will also be of interest to those business executives, industrialists, insurance agents and journalists who require some knowledge of this most important area of the law.

Competition Law in the CARICOM Single Market and Economy provides a comprehensive introduction to and overview of this emerging area of law, discussing both the current context and potential directions for future development. The book provides an account of major topics in the law, including the economics of competition law; enterprise; enforcement; regulation; and obligations of member states. It traces the progression of the law from the 2006 Revised Treaty of Chaguaramas, charting the main developments such as the establishment of CARICOM Competition Commission (CCC), and examining the emerging case law in this important and fast-growing area.

Offering the first major exploration of Caribbean Competition law, this text will be an essential resource for lawyers, businesspersons, and students of the law in the Caribbean.