INSIGHTS & REPORTS
Insights & Reports
Editorial perspectives, rigorous legal analysis and strategic foresight on complex commercial and public-law matters in the English-speaking Caribbean and beyond.
Caribbean Defamation in the Age of Facebook Live
An examination of the quantum considerations following Panday v Alexander. The first-instance award invites a fresh look at broadcast reach as a factor in damages, the proper application of exemplary damages where statements are designed to sensationalise an obvious untruth, and the deterrent function of awards in an environment of repeat social-media publication.
FIDIC, Force Majeure and Caribbean Infrastructure
Re-evaluating the drafting of force-majeure and prolonged-suspension clauses in FIDIC-form contracts following global supply-chain disruption, and what the recent jurisprudence means for regional infrastructure programmes.
Mareva Injunctions and Credit-Union Failure
Lessons from recent freezing-injunction proceedings in the wake of the Hindu Credit Union, with notes on the threshold for dissipation risk and the court's willingness to grant interim relief in matters of public concern.
Threshold Defamatory Meaning in Caribbean Media
The construction approach in Moonilal v Trinidad Express and what it tells media defendants about responsible journalistic framing as a threshold defence to claims grounded in serial-comma interpretation of the impugned passages.
The Clauses That Decide a Cross-Border Dispute
A cross-border win can be worth very little if the other side's money sits in a country your court cannot reach. Whose law applies, where a dispute is heard, and whether an award can be enforced are all settled years earlier, in clauses few people read.
Dispute Resolution as a Business Decision
How a dispute gets resolved is usually left to the lawyers as a legal question. It is better made as a business decision. Court, arbitration, mediation, and settlement each cost different amounts and lead somewhere different, and the right choice turns on what the business actually needs.
When Business Relationships Become Commercial Disputes
Commercial disputes rarely begin as legal problems. They begin as business problems. A practical guide to how disagreements escalate into disputes, the routes available to resolve them, and why the earliest decisions so often shape the outcome.