Recent Developments in Trinidadian Commercial Law

One of the interesting and attractive features of legal practice in Trinidad is that the courts can choose to develop the common law in a way which most suits local conditions. Unlike the English Bar, the courts here will look at decisions from local Caribbean courts, Commonwealth countries and other common law jurisdictions. Trinidad courts can, therefore, follow the approach taken in the UK Supreme Court or take a different approach if that appears appropriate. The recent cases I shall be discussing all have important implications for commercial practitioners. But at least two of the cases provide opportunities for the Trinidad courts to choose their own direction.

Property: Mooney v Whiteland [2023] EWCA Civ 67

When is a section 13 notice proposing a rent increase from the ‘wrong’ date (in)valid?

Privy Council Lays Down Principles For Security For Costs

On 31 January 2023 the Privy Council gave important guidelines on security for costs principles in RDA v Christie. This appeal concerned applications for security for costs in public interest environmental judicial review claims, including an application by the Developers to join the proceedings as additional defendants- so they could then seek security.