Photo Credit: https://newlifeadoptionsmn.org/15-tips-for-transracial-adoption/ When a child is being cared for by someone other than his or her parents, many persons assume that obtaining guardianship is the same as adopting the child. While both legal processes involve caring for a child, they are very different in their purpose, effect, and legal consequences. It is well accepted that the Children (Guardianship and Custody) Act and the Children (Adoption of) Act were enacte

Many people in Jamaica believe that once a couple lives together for five years, they automatically become “common-law spouses.” While there is some truth to this, the law is not that simple. Under Jamaican Law, a single man and a single woman who have lived together as husband and wife for at least five years may be treated as spouses by the court. However, the court does not look only at the length of the relationship. It will examine the overall nature of the relationship

When someone is accused of a crime, anything they say to the police before trial, whether during questioning or in an interview, can significantly impact their case. But not every statement can be used in court. Before a statement can be used, the judge must decide if it was given voluntarily, meaning the person spoke freely, without threats, pressure, tricks, or promises of benefit. The key question is fairness. If a person confessed because they were scared, tired, or promi

Construction contracts are designed to set clear expectations about work, timelines, and payments between contractors and procuring entities/clients. But what happens when a procuring entity unexpectedly breaches that contract? The 1998 Supreme Court of Jamaica decision in B.M.S. General Construction Company (1989) Ltd v. Attorney General offers valuable insights. In this case, B.M.S. General Construction was hired by the Ministry of Education to rebuild Leicesterfield Primar

In an increasingly global world, it is not uncommon for individuals to pass away while holding property in more than one country. If a loved one has died overseas but left behind assets in Jamaica, such as real estate, bank accounts, or other investments, you may need to reseal the foreign Grant of Probate or Letters of Administration in Jamaica to legally access and manage those assets. What Is Resealing a Grant? "Resealing" refers to the process by which the Supreme Court o

Imagine owning a piece of land, but the only way to get to it is by walking or driving across your neighbour’s land. If your neighbour...

In Jamaica, commercial contracts often combine two types of terms: special conditions that the parties personally negotiated, and...

When companies engage in distribution agreements, they typically concentrate on the commercial advantages, such as product marketing, sales approaches, and anticipated profits. But what occurs if one party opts to end the agreement, especially when the contract lacks a defined notice period? Courts often need to decide what "reasonable notice" entails in these instances. This article examines essential legal principles derived from actual court rulings and outlines practical

The process of obtaining a Certificate of Title in Jamaica is governed by the Registration of Titles Act (RTA). This Act establishes the...