Civil Laws at Trinidad and Tobago
Trinidad and Tobago operates under a civil law system influenced by English common law, characterized by a codified legal framework and structured judicial processes.
Legal Framework
Civil law in Trinidad and Tobago is primarily governed by:
Civil Proceedings Rules (CPR) 1998 These rules establish procedures for civil litigation, emphasizing efficiency and case management.
Statutory Laws Various Acts, such as the Limitation of Certain Actions Act (Chap. 7:09), set time limits for bringing claim.
โ๏ธ Judicial System
The judiciary comprise:
High Court Handles civil matters at first instance.
Court of Appeal Reviews decisions from the High Cour.
Privy Council Serves as the final appellate cour.
๐งพ Civil Litigation Process
*Pre-Action Protocol: Parties are encouraged to attempt settlement before initiating formal proceedings.
*Commencement: Filing a Claim Form and Statement of Case in the High Cout.
*Defence: Defendant files an Appearance and Defence within specified timeframe.
**Case Management Conference (CMC)*: Judicial officers manage the progress of the case, encouraging settlement and setting timeline.
*Trial: Cases are heard by a judge without a jury.
*Appeal: Decisions can be appealed to the Court of Appeal and, if necessary, to the Privy Council.
๐ Land Registration
Trinidad and Tobago utilizes the Real Property Ordinance (RPA) system, based on the Australian Torrens system, to manage land Tite. This system ensures that registered titles are indefeasible, except in cases of fraud or adverse possession.
๐๏ธ Family Cort
The Family Court addresses matter such as divorce, child custody, and maintenance offers mediation services to facilitate amicable resolution.
๐งโโ๏ธ Legal Professionals
Attorneys-at-law must be admitted under the Legal Profession Act, 1986, and are regulated by the Law Association of Trinidad and Tbago.
0 comments