A Guide to Investing in Trinidad and Tobago (2011) - Ministry of ...

Legal And Regulatory Framework
The Legal And Judicial System In
Trinidad And Tobago
Legal System
Trinidad and Tobago has a traditional common law
legal system similar to that of the United Kingdom
which is based on statutes enacted by the Trinidad
and Tobago Parliament and the application of common
law principles as determined from case law in
decided cases. The doctrine of precedent applies
and judgments of the Supreme Court of Judicature of
Trinidad and Tobago and of the Judicial Committee of
the Privy Council are binding while those of the courts
of the United Kingdom and the Commonwealth are
highly persuasive.
Judicial System
The Trinidad and Tobago judicial system follows the
United Kingdom model. The Constitution of the Republic
of Trinidad and Tobago establishes the Supreme
Court of Judicature for Trinidad and Tobago.
The judiciary comprises the higher judiciary (the Supreme
Court) and the lower judiciary (the Magistracy).
The Supreme Court comprises the High Court of Justice
and a Court of Appeal. The High Court and the
Court of Appeal are superior courts of record.
The Chief Justice has the overall responsibility for the
administration of justice in Trinidad and Tobago and is
the head of the independent Judiciary, which is one of
the three separate arms of the state.
The High Court and the Magistrate’s Court exercise
original jurisdiction in civil and criminal matters.
The Magistrate’s Court in its Petty Civil jurisdiction
deals with civil matters which involve sums less than
$15,000.00. In its Criminal jurisdiction it exercises
summary functions, it adjudicates on criminal matters
and hears preliminary inquiries in indictable matters
and thereby determines whether a matter is to be held
over for trial under the jurisdiction of the High Court.
The High Court hears indictable constitutional matters,
criminal matters, family and matrimonial matters,
and all civil and commercial matters involving sums
over the Petty Civil Court limit. In criminal matters in
the High Court, trial is by judge and jury while all other
matters are tried by a judge only.
Appeals from the Magistrate’s Court and the High
Court go to the Court of Appeal and appeals from the
Court of Appeal go to the Judicial Committee of the
Privy Council in England, sometimes as of right and
sometimes with the leave of the court.
The Caribbean Court of Justice (CCJ) is the regional
judicial tribunal which was established on 14 February
2001 by CARICOM member states by the Agreement
Establishing the Caribbean Court of Justice. The CCJ
was established to replace the Judicial Committee
of the Privy Council as the final appellate court for
CARICOM member states and to adjudicate on trade
disputes between such states. It has original jurisdiction
in dealing with trade disputes among the member
states and appellate jurisdiction from the Courts
of Appeal of the member states which have legally
adopted the CCJ as their final appellate court. Trinidad
and Tobago has not yet adopted the CCJ as its
final appellate court.
Enforcement of Legal Judgments
The enforcement of foreign judgments is based on the
Judgment Extensions Act Chapter 5:02 of the Laws
of Trinidad and Tobago, which provides for reciprocal
enforcement of judgments of superior courts of the
United Kingdom and other Commonwealth countries
by application to register such judgments in the local
courts. Where the Judgment Extensions Act does not
apply, it is possible to sue on a money judgment of a
foreign court on the basis that it constitutes a debt.
Dispute Settlement and Arbitration
Parties to contracts in Trinidad and Tobago can utilize
exhaustive multi-step dispute settlement mechanisms,
which may include any form of Alternative
Dispute Resolution (ADR). ADR has gained significant
prominence in Trinidad and Tobago and a Dispute
Resolution Centre (DRC) has been established. The
DRC has a roster of arbitrators and mediators which
can be accessed by parties to a dispute.
A Guide to Investing in Trinidad and Tobago (2011) 63
Section 9