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An Historical Perspective of Law Reporting in the English-Speaking Caribbean: A Case for Regional Law Reporting

Published online by Cambridge University Press:  13 February 2019

Velma Newton
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Extract

The doctrine of judicial precedent is the cornerstone of the English legal system. Therefore, the publication of law reports, through which the development of case law can be followed, is of vital importance. Today, over 350 years since the reception of the English legal system in some Caribbean territories, the law reports published in the region do not exceed 150 volumes, most of which have been issued during the twentieth century in the larger territories of Guyana, Jamaica and Trinidad and Tobago. This dearth of primary legal materials has serious implications for legal education in the West Indies, and for the practice and development of a West Indian jurisprudence.

Type
Articles
Information
International Journal of Law Libraries , Volume 7 , Issue 1 , February 1979 , pp. 1 - 21
Copyright
Copyright © International Association of Law Libraries. 1979 

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References

1 Dawson, John P., The Oracles of the Law (Ann Arbor: University of Michigan Law School, 1968), p. 80. See also A First Book of English Law, 7th ed., by O. Hood Phillips. (London: Sweet & Maxwell, 1977), passim.Google Scholar

2 Kiralfy, A.E.R., The English Legal System, 5th ed. (London: Sweet and Maxwell, 1973) pp. 75–93; Walker, R.J., The English Legal System, 4th ed. (London: Butterworths, 1976) pp. 116-118.Google Scholar

3 See Patchett, Keith, Reception of Law in the West Indies (n.p., n.d.).Google Scholar

4 See Appendix I.Google Scholar

5 Ramsahoye, Fenton, Legal Education in the West Indies, Law Conference of Trinidad and Tobago, 186. Port-of-Spain, July 23-27, 1973. Paper No. 24.Google Scholar

6 Workshop on Legal Education in the Caribbean, Fort Thomas Hotel, St. Kitts, April 10-12, 1977.Google Scholar

7 Information supplied by Justice Lewis, P. Cecil, a former judge of the West Indies Associated States Court of Appeal; Justice Denys Williams, Puisne Judge, Supreme Court, Barbados.Google Scholar

8 Letter from Butterworths to Velma Newton (March 28, 1978).Google Scholar

9 Ellis, C.J., Law Reporting Today, The Law Librarian, Vol. 6, No. 1, 1975, pp. 5–8.Google Scholar

10 For instance, up to 1977, the approximate per volume cost of the Dominion Law Reports, All England Law Reports and Commonwealth Law Reports was £16, £45 and £ 35 respectively.Google Scholar

11 Letter from Butterworths, op. cit.Google Scholar

12 See Jamaica Law Reports, Vol. 7, 1956-60, title page.Google Scholar

13 Letter of March 7, 1978, from Young, M.C., Secretary of the Belize Bar Association to the Hon. Sir Denis Malone, Chief Justice, Belize, copied to Velma Newton (March 10, 1978).Google Scholar

14 Bulletin of Current Legal Developments, No. 1, October 1975, p. 1.Google Scholar

15 Response from Ministry of National Security and Justice, Legal Reform Division, to query by Velma Newton (February 1978).Google Scholar

16 See Patchett, Keith and Jenkins, Valerie, A Bibliographical Guide to Law in the Commonwealth Caribbean (Jamaica: U.W.I., I.S.E.R. and Faculty of Law, 1973), pp. 12, 16.Google Scholar

17 Ibid, p. 12. Also, letter from Attorney General of St. Kitts-Nevis-Anguilla to Velma Newton (June 27, 1977).Google Scholar

18 Letter from Chief Justice Knowles, Supreme Court, Bahamas, to Velma Newton (June 13, 1977).Google Scholar

19 See Shahabuddeen, M., The Legal System of Guyana (Georgetown, 1973), p. 336. Apparently, some decisions were reported by an S.F. Landry in 1846, but cannot be traced.Google Scholar

20 Stephens, J.E.R., Supreme Court Decisions of Jamaica and Privy Council Decisions from 1774-1923 (London: Printed for the Crown Agents for the Colonies by C.F. Roworth, 1924) Vol. 1, pp. iii-vi.Google Scholar

21 Clark, Adrian John, Supreme Court of Judicature of Jamaica. Judgments, 1917-32 (Jamaica: Government Printing Office, 1936) foreword.Google Scholar

22 See Note 12.Google Scholar

23 Judgments delivered in the Supreme Court of Trinidad and Tobago. Edited by Hosein, T., Furness-Smith, J.G. and Seemingal, L.A. Trinidad and Tobago Law Reports, Vol. 10, 1949-50 (n.d.; n.p.) In the foreword to this volume, the Chief Justice noted that a volume of reports to cover the period 1934-1949 was being prepared.Google Scholar

24 Ibid.Google Scholar

25 Society of Public Teachers of Law. Working Party on Law Publishing. Final Report on Law Publishing and Legal Scholarship, August 1977, pp. 11–12, 26-27.Google Scholar

26 See Appendix II.Google Scholar

27 Commonwealth Secretariat. A Manual of Law Reporting, prepared by Paul H. Niekirk (London: The Secretariat, 1977) pp. 3–4.Google Scholar

28 Ibid. Apart from such cases, those of headline interest in the newspapers are seldom of sufficient legal significance to justify reporting.Google Scholar

** Entries marked with “*” are held by the Law Library, University of West Indies, Cave Hill Campus, Barbados.Google Scholar