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IMPORTANT NOTICE: CIFEC School Closed this Wednesday

Students attending Cayman Islands Further Education Centre (CIFEC) are informed that, due to technical difficulties with the timetable, there will be no school Wednesday, 9th September 2015.

School is expected to reopen this week and parents will be informed tomorrow of the re-opening date.

 

RENT: The Musical

Opens Thursday September 10th, 2015

Runs to October 3rd, 2015

Thursdays, Fridays and Saturdays

Doors open at 6:30 PM for Happy Hour

try our special Tom Collins cocktail!

at The Prospect Playhouse

Do not miss out on the musical event of the year!

No Day but Today!

Click here for tickets: http://www.eventbrite.com/e/rent-the-musical-all-ticket-prices-in-us-tickets-17993960420?aff=ehomecard

RENT

 

Dr. Moody September 2015

Gordon Solomon Art

You are invited you to attend the opening evening of

Doctor Moody: Frames of Mind

A new series of work by Gordon Solomon

Cayman islands national Gallery DART Auditorium

www.gordonsolomon.com

Youtube: https://www.youtube.com/watch?v=0oknWyXVUGc&feature=youtu.be

 

Please join the Cayman Jewish Community for the following programmes:

Sunday September 27th

6:30 pm Sukkot Under the Stars

Tuesday, September 29th

4:00pm Sukkot Children’s Party

Monday, October 26th

Mark Halawa: From Kuwait to Jerusalem

Wednesday, December 9th

4:00 pm Pardes Rock Chanukah Concert

Wednesday, January 6th 2016

Jerusalem Uncovered: Rabbi Avraham Stolik

 

8th Annual CISPA Gala “Back to the Future-Celebrating 45 years of excellence”

Date: 10/10/2015

Time: 6:30 PM

Ritz Carlton Seven Mile Beach

Phone: 749 3360

Register

Event Description: The 8th Annual CISPA Gala “Back to the Future-Celebrating 45 years of excellence” is a time to celebrate Caymanians who recently attained their professional accounting designations as well as a chance to celebrate the past and look to the future

Directions: The Ritz Carlton, Grand Cayman

Annual Meals on Wheels Dress Down Day

SAVE THE DATE

Dress Down Day Friday, 20th November, 2015

Help feed our Seniors we believe no-one in Cayman should go hungry.

Individuals can help by purchasing an orange ribbon for $5.00 or a tee shirt for $15.00 and wearing them on Dress Down Day, we are encouraging companies to match employee donations.

For more information or to sign up to participate please feel free to contact us via email at [email protected] or via telephone at 949-3905.

 

CARE announces Cayman Islands 5th Annual Paws for wine

Sat Sept 26th Ristorante Pappagallo

CARE-Flyer1

 

Lions Club of Tropical Gardens Brenda Tibbetts-Lund Memorial 5K Walk/Run5K

Sunday October 3, 2015 in North Side at 6am

Brenda-tibbetts-run-walk-flyer-save-the-date8

 

WED SEP 9

NWDA in Bodden Town

The National Workforce Development Agency is hosting a meeting at Bodden Town Library on Wednesday (9 Sept) at 10am.

Cayman Islands Girls Brigade Meeting

The Cayman Islands Girls Brigade is hosting a series of information meetings for girls between the ages of 5 and 19. The next one is Wednesday (9 Sept) at Elmslie Memorial Church Hall at 5:15pm. There is also a meeting at Savannah United Church Hall at 6pm and at Webster Memorial Church Hall at 6pm.

 

THU SEP 10

National Gallery presents EY’s Meet Me

The National Gallery presents EY’s Meet Me on Thursday (10 Sept) from1130 — 1230pm. The National Gallery’s offerings for caregivers and individuals wanting to combat dementia is designed for groups coming from care organisations such as The Pines, and for members of the general public in the early and middle stages of dementia. This programme incorporates conversations about artworks, may include art-making components and takes place in the Gallery’s exhibition halls and education studio.

 

FRI SEP 11

3rd Annual St Baldrick’s Heroes for Hannah Shave

The 3rd Annual St Baldrick’s Heroes for Hannah Shave is Friday (11 Sept) at The Wicket in Cricket Square. The fundraiser is to help conquer childhood cancer.

 

TUE SEP 15

Seafarers Social

Date: Tuesday, September 15th 2015
Time: 7:00 pm
Place: Cayman Islands Seafarers Association Hall, 11 Victory Ave,
Prospect
Dress: Semi Casual 
A night of great food and entertainment

 

Mark your calendars Cayman Islands triathlon training series is back!

The Cayman Islands Triathlon Association (CITA) training series

The CITA is pleased to announce the new dates of the Triathlon Training Series, on Saturdays:

* September 20th 2015

* October 11th 2015

More information about the training series can be found at http://www.triathlon.ky/events/ci-triathlon-training-series.

 

Cayman Islands indicted FIFA VP allowed to go home

Caymanian Jeffrey Webb, indicted former FIFA Vice President, has been allowed to return to his home in Loganville, Georgia, USA.

Webb’s lawyers had filed an application to the U.S. federal court last month requesting a variance of his bail conditions that required him to live within 20 miles of the Brooklyn, New York courthouse where the case against him is being heard.

Webb argued successfully that the cost of living in New York City, with around-the-clock security, was financially impossible for him especially as almost the entirety of his and his wife’s cash savings is maintained in bank accounts that are encumbered as a result of the indictment and forfeiture allegations in the case against him.

 

Police chief heads for new beat in Caribbean ‘hot spot’

iNews B news-image-24358From PoliceProfessionalism.com

IMAGE: Island posting: ACC Robin Smith

A chief officer is swapping his topical beat of the last 30 years for the tropical heat of a Caribbean island.

Sussex Police Assistant Chief Constable Robin Smith is leaving the force to become Commissioner of Police for the British territory’s Royal Virgin Islands Police Force (RVIP).

Brighton may hold the UK record for the warmest minimum night-time temperature (75F on August 4, 1990) but in the British Virgin Islands the thermometer has never fallen below 60F and peaks at close to 100F.

Mr Smith, who replaces outgoing Commissioner David Morris, will head up the force’s divisions which are split into community policing, specialist operations and management services.

“I am looking forward to using the experience I have gained in a number of policing portfolios to support my new colleagues, and work with the governor, members of government, partners and stakeholders and most of all the communities for whom we have a duty to serve and keep safe,” he told Police Professional.

“The move will be another highlight of my police career,” he added.

Mr Smith’s new 240-strong force of dedicated police officers, special constables and auxiliaries looks after eleven police stations across the 60 islands, which lie to the east of Puerto Rico.

There are three specialist stations on the main island of Tortola, incorporating the force headquarters at the islands’ capital Road Town, the airport police station and the marine base HQ.

Latest figures for the RVIP show that between 2013 and 2014 total crimes rose one per cent from 1,574 to 1,583.

Crimes against property fell five per cent in the same period from 942 to 893 while crimes against persons went up 10 per cent from 441 to 483. Detection rates increased from 45 to 48 per cent.

Mr Smith, who joined the Sussex force in 1985, currently leads the force’s change and modernisation programme.

In a passing reference to the Shoreham air show disaster, in which 11 people died, he said: “It is an honour to be appointed Commissioner of Police but I will be sad to leave Sussex Police, an extraordinary organisation, the professionalism of which has been illustrated so vividly over the last couple of weeks.

“It’s been an enormous honour and a privilege to work with many great people, partners and communities throughout my career.”

In his current role Mr Smith is responsible for delivering policing and public protection across the three divisions of Sussex.

For more than half of his service he has held senior leadership positions including Head of Operations, Local Policing, Head of Crime and Criminal Justice, Head of the South East Regional Organised Crime Unit, Divisional Commander, Gatwick Airport Commander, Head of Corporate Development and Corporate Communications.

For more: http://www.policeprofessional.com/news.aspx?id=24358

 

Cayman Islands Appleby acted for Leap Holdings on its HKEX Listing

Leading offshore law firm Appleby acted as Cayman counsel for LEAP Holdings Group Limited (LEAP Holdings) in relation to its listing on the Main Board of the Hong Kong Stock Exchange on 2 September, with gross proceeds of approximately HK$143 million. LEAP Holdings is the third foundations company Appleby has assisted with its HKEx listing within the last month.

Judy Lee a corporate partner in Appleby’s Hong Kong office led the transaction, assisted by Senior Associate Chris Cheng. Loong & Yeung acted as Hong Kong legal adviser to LEAP Holdings whilst D.S. Cheung & Co. is the legal adviser to the sponsor and underwriters as to Hong Kong law.

LEAP Holdings will use the majority of the net proceeds from the offering to acquire machinery and equipment, strengthen its workforce, and repay outstanding bank loans, as well as for general working capital.

LEAP Holdings is principally engaged in foundation works, ancillary services and construction waste handling at public fill reception facilities managed by the Government in Hong Kong.

SOURCE: http://www.lawyer-monthly.com/2015/09/appleby-acted-for-leap-holdings-on-its-hkex-listing/

 

Ground breaking ceremony for Cayman Islands ORIA redevelopment announced

Following Monday’s (7) contract signing, the Cayman Islands Airports Authority (ORIA) is ready to break ground on Phase 1 of the Owen Roberts Airport Redevelopment Project.

When: THURSDAY 10 SEPTEMBER, 2015 FROM 10:45AM – 11:45AM

Where: OWEN ROBERTS INTERNATIONAL AIRPORT – WEST SIDE

(Grass covered mound to the right of the Cayman Airways check-in area)

Who: H.E the Governor, Mrs. Helen Kilpatrick, Hon Premier, Ministers and Members of the Legislative Assembly, CIAA CEO Albert Anderson and Board of Directors, Tourism industry Representatives and Stakeholders, among others.

 

Citizenship through investment in the Caribbean

By Jas Gill From CS Glocal

Introduction

In today’s fast-paced, interconnected world, the immigration model has changed significantly. Compelled by both economic challengesand political pressures, many countries have changed their structures for attracting skills and talent to their shores. Corporate immigrationis one way of allowing businesspersons to move across borders. Economic citizenship is another, interesting, and highly successful immigration model that is explored by businesspersons needing to facilitate their mobility and cross-border travel, as well as to obtain access to new markets and lucrative business opportunities.

The economic citizenship market has flourished in the past few years, and the number of programmes offering citizenship through an investment has risen substantially. From the point of view of investors, this is largely due to the ease of obtaining a second citizenship under economic citizenship programmes, which usually do not require individuals to reside in target countries for extended periods of time before qualifying for citizenship. From the point of view of the countries offering economic citizenship, the programmes provide a means of attracting the most sought-after talent, as well as foreign direct investment, to their borders. This is especially evident in Europe, where the increase in the number of economic citizenship programmes is primarily due to countries seeking effective means to stimulate their economies. Moreover, with the success of well-established programmes such as the Caribbean’s ‘St Kitts and Nevis Programme’, other countries worldwide have tried to emulate this model in the hope of achieving the same level of success.

The rise in regulatory restrictions, economic challenges, and political uncertainty in various countries continues to affect the livesof businesspersons and their families. By contrast, the Caribbean is a safe and stable hub with a growing economy. It is thus not surprising that businesspersons look to the Caribbean as a strong candidate for alternative citizenship. Depending on an individual’s country, particular needs, and personal goals, together with successful completion of the strict due diligence and background verification processes, citizenship programmes can provide easy solutions to some of today’s most difficult problems.

For more and to download article: http://csglobalpartners.com/citizenship-through-investment-in-the-caribbean/#sthash.xI5XIixe.dpuf

 

Nikki Crance will be joining CrossFit Cayman

We are happy to announce that Nikki Crance will be joining our CrossFit Cayman team as a Coaching Intern. Nikki has been a member of CF Cayman for over 2 years and a CrossFit Level 1 Trainer for 1 year. Her work ethic, skill set, and passion to help people grow in every aspect of their lives make her a perfect fit for our community.

“CrossFit has changed every facet of my life in a powerfully positive way, so much so that my heart’s desire is to be there for others the way my coaches have been there for me. I am truly humbled and grateful by the opportunity I’ve been given to grow as an athlete, and now as a coach within this amazing community.” – Nikki

To hear more of Nikki’s story, check out our Coaches page.

SOURCE: http://crossfitcayman.com/2015/09/07/september-7-2015/

 

Compete Caribbean offers course on Impact Evaluation – Scholarships available

By ARC

Compete Caribbean will be holding its first Impact Evaluation Course for Productive Sector Projects in the Caribbean. The course will take place on October 19-20, 2015 at the Inter-American Development Bank Country Office in Barbados. The deadline for applications in September 15, 2015.

This course seeks to train sector specialists at public and private business support organizations that work on the design, execution, and monitoring of development projects that provide services to firms. By the time participants complete the course, they will be trained to understand the different methods available to evaluate the impact of their productive development projects. Adequate impact evaluation is an extremely powerful tool to learn about what works and what doesn’t while documenting achieved results, which will help participants design more effective projects. It is also a crucial tool for evidence-based policy-making.

The course has no cost for admitted participants, and includes lunches. Compete Caribbean will be awarding scholarships that will cover all participation and tuition costs, including air transport and lodging in Barbados

Application Ends: September 15, 2015

Eligibility: Applicants must be nationals of one of the 15 independent CARIFORUM countries

Acceptance communication: September 18, 2015

Only admitted applicants will be contacted by email.

To read more about impact evaluation and the course, and to access the application, please click here: http://competecaribbean.org/impact-evaluation/

The course will feature a combination of theoretical sessions (on two levels), hands-on learning (in group) and expert presentations. In particular, it will deepen participants’ knowledge of impact evaluation methods and analysis of data. It also will briefly cover concepts of sampling, questionnaire design and management of fieldwork, among others. In the hands-on learning sessions, the participants will be divided into groups and will work on the preparation of impact evaluation plans for projects in which they are involved. They also will work on hypothetical cases to strengthen their knowledge of the methodologies learned. In the sessions with experts, lessons learned, innovative applications, and recent methodological advances on impact evaluation will be shared.

The language of instruction will be English.

For more information, please contact: [email protected]

For more: http://arcthemagazine.com/arc/2015/09/compete-caribbean-offers-course-on-impact-evaluation-scholarships-available/#sthash.h6JpveU2.dpuf

 

New York’s West Indian Day Parade turns violent

By Jonathan Lemire, Associated Press From US News

An aide to Gov. Cuomo was shot on Sunday during West Indian festival, another person died.

NEW YORK (AP) — The West Indian Day Parade, a rollicking, colorful celebration of Caribbean culture, music, style and food, rolled through New York City’s streets Monday but, once again, was marred by pre-dawn violence that left one man dead and an aide to Gov. Andrew Cuomo in critical condition.

Cuomo identified his wounded staffer as Carey Gabay, a first deputy general counsel at the Empire State Development Corporation. Gabay was walking with his brother near the Brooklyn parade route at 3:40 a.m. when he was caught in the crossfire between two gangs, according to police officials.

The pair had been walking back from a pre-parade party celebrating West Indian Day. A bullet struck Gabay, 43, in the head.

“I’m the governor of the state of New York, and there’s not a thing I can do,” Cuomo told reporters after he visited Gabay’s family at Kings County Hospital. “There’s not a thing I can say, and there’s nothing I can do. And sometimes it just hurts.”

Gabay’s condition remained critical on Monday night, according to a governor spokeswoman.

The shooting was one of several outbursts of violence in the neighborhoods surrounding the parade, which included the stabbing death of a 24-year-old man at 2 a.m. near Grand Army Plaza.

Police have not yet released the victim’s name or any more information related to the stabbing.

No arrests have made been in either incident, police said.

For more: http://www.usnews.com/news/us/articles/2015/09/07/west-indian-day-parade-set-to-kick-off-in-nyc-amid-violence

 

Fire on Carnival cruise ship in Caribbean

From news.com.au

A fie has broken out on board the cruise ship Liberty, one of the Carnival fleet, as it was docked at the Caribbean island of St Thomas, but no injuries have been reported among the passengers or crew, the US firm says.

THE fire began on Monday in the vessel’s engine room for unknown reasons, said Miami-based Carnival Cruise in a communique posted on the firm’s Facebook page.

“There were no reported injuries to guests or crew. All guests are ashore in St Thomas” and the crew is working to confirm that the blaze has been completely extinguished, the affiliate of Carnival Corporation, the world’s largest cruise ship operator, said.

The US Coast Guard said that it was informed of the incident, which remains under investigation, and local media reported that since the cruise liner was docked at the time of the fire, it was able to be evacuated relatively quickly.

The Liberty, which has a capacity of 2974 passengers and 1160 crew, was on the second day of a Caribbean cruise after setting sail on Sunday from San Juan, but it is not known yet when the passengers and crew will be allowed to return to the vessel and when they will be able to resume their scheduled seven-day journey.

Despite the fire, the boat still has electric power and the web cameras installed on the bridge and decks are continuing to operate normally.

This incident comes after the Carnival Triumph in February 2013 experienced an engine room fire which left the enormous vessel adrift in the Gulf of Mexico with more than 4200 people on board.

For more: http://www.news.com.au/world/breaking-news/fire-on-carnival-cruise-ship-in-caribbean/story-e6frfkui-1227517287774

 

Caribbean Climate Online Risk and Adaptation Tool holds training and roll-out
iNews B traininggroupBy Gena Gibbs, BIS From Bahamas Weekly

IMAGE: traininggroup.jpg (BIS Photo/Derek Smith)

NASSAU, The Bahamas — The Ministry of the Environment and Housing in collaboration with the Caribbean Development Bank (CDB) and the Caribbean Community Climate Change Centre opened a week-long Caribbean Climate Online Risk and Adaptation Tool Country Specific Training Roll-Out (C-CORAL), September 7, at the Royal Bahamas Police College on Thompson Boulevard.

“C-CORAL is an online support system for climate resilient decision making that helps users undertake quick screening to understand climate influence and apply climate risk management processes,” said Environment & Housing Minister, Ken Dorsett.

“The climate support system will ultimately help decision makers to see all kinds of activities through a ‘climate’ or ‘climate change’ lens, and to identify actions that minimize climate-related loss.”

Minister Dorsett noted that about 28 persons representing Government Agencies, Non-Governmental Organizations, Community Based Organizations and the Private Sector were attending the hands-on training workshop.

“They will learn how to respond to high variability in the current climate, unintended societal stresses, economic sector impacts, and natural environment impacts caused by such variations,” said Minister Dorsett.

The C-CORAL tool will facilitate appropriate action in applying a risk management approach to decision making — ultimately delivering for The Bahamas climate resilient development, said the Minister.

For more: http://www.thebahamasweekly.com/publish/bis-news-updates/Caribbean_Climate_Online_Risk_and_Adaptation_Tool_holds_Training_and_Roll-Out43825.shtml

 

OAS commends organization and high voter turnout in Guatemala despite challenges

From Caribbean News Now

GUATEMALA CITY, Guatemala — The electoral observation mission (EOM) of the Organization of American States (OAS) to the general elections in Guatemala, led by Juan Pablo Corlazzoli, has congratulated the country’s voters and the Supreme Electoral Tribunal (TSE) on Sunday’s vote.

The commitment of the citizenry to the strengthening of democracy in the country was evidenced by an increase in participation over previous elections.

“The high participation on Sunday is the expression of the citizenry building democracy through the ballot boxes,” said Corlazzoli.

The mission highlighted the responsible work of the members of the polling stations, the party auditors at the voting centers and all the TSE officials during the election. In particular, the mission recognized the TSE for having overcome challenges related to logistics and electoral technology, despite criticisms and its reduced budget, and urged authorities to strengthen the body for the second round of the presidential elections on October 25 and for future elections.

The EOM/OAS said it regrets the incidents of violence that took place in both the pre-electoral stage and on election day, which fortunately were isolated and properly addressed by authorities.

The mission will be present in the country until the definitive declaration of the results and will observe the various stages of the process ahead of the second round in the presidential elections. Taking into account that the definitive vote count began on Monday, the EOM/OAS urged political parties to follow the procedures set forth in the law when presenting their challenges.

For more: http://www.caribbeannewsnow.com/headline-OAS-commends-organization-and-high-voter-turnout-in-Guatemala-despite-challenges-27520.html

 

Addicitions

By Paul McGowan From PS Audio

Great music is addicting, like Chapstick and chocolate. We can learn to live without the two, but what about the one?

Without a daily does of my favorite music I lean towards grumpy and scattered. In the morning the drug of choice is opera, it centers, soothes and aligns my thoughts for the day. But as the sun lowers my tastes turn to jazz, cutting through the daily sameness and routine opera encouraged.

We live in an amazing time when a push of a button brings the works of the world’s greatest artists, composers and producers into our homes, cars, and phones.

What are you doing to take advantage of it?

For more: http://www.psaudio.com/pauls-posts/addicitions/

 

Mourant Ozannes sets up contentious restructuring, lit practice in HK

By ALB From legal Business Online

Offshore law firm Mourant Ozannes has established a contentious restructuring, insolvency and litigation practice in Hong Kong covering both BVI and Cayman Islands law, after relocating partner Shaun Folpp from the BVI.

Folpp established the firm’s BVI litigation and insolvency practice after joining in 2012. In total, he’s spent eight years in the Cayman Islands and the BVI, which included a stint at Ogier. Folpp’s experience includes, among other disputes, advising the liquidators of the Kingate and Weavering funds.

“Shaun’s arrival in Hong Kong supports the importance of the Asia market for the firm and the increasing success of our global litigation practice. Our ability to provide litigation advice on the ground in Hong Kong means we can continue to deliver an exceptional client service,” said Paul Christopher, Mourant Ozannes’s managing partner, in a statement.

For more: http://www.legalbusinessonline.com/appointments/mourant-ozannes-sets-contentious-restructuring-lit-practice-hk/70453

 

ESMA recommends extending AIFMD marketing passport outside Europe

From out-Law.com

The European Securities and Markets Authority (ESMA) has recommended that alternative investment funds and fund managers in Guernsey, Jersey and Switzerland should be considered eligible for a ‘passport’ that gives them access to EU markets. 07 Sep 2015

The Alternative Investment Fund Managers Directive (AIFMD) passport allows fund managers to market and manage EU alternative investment funds (AIFs) freely across the EU, without having to register in each country.

The passport is currently only available to EU fund managers. Non-EU AIF managers, and EU AIF managers marketing non-EU AIFS, have to register in each country.

When the AIFMD was set up, it included a process for extending the passport to non-EU countries, ESMA said.

ESMA has now published advice and an opinion on extending the passport, which will be considered by the European Commission, European Parliament and Council of Ministers.

ESMA looked at six jurisdictions: Guernsey, Hong Kong, Jersey, Singapore, Switzerland and the US. In its advice, it said that there are no obstacles to extending the passport to Guernsey and Jersey, and that Switzerland plans to remove remaining obstacles with pending legislation.

“No definitive view” has yet been reached on the other three jurisdictions, due to concerns about competition, regulatory issues and a lack of sufficient evidence, but ESMA said it will make recommendations as soon as it can.

Further non-EU countries will also be assessed in future, it said, including Australia, Bahamas, Bermuda, Brazil, British Virgin Islands, Canada, Cayman Islands, Curacao, Guernsey, Hong Kong, Isle of Man, Japan, Jersey, Mexico, Mauritius, Singapore, South Africa, South Korea, Switzerland, Thailand, United States of America, and the US Virgin Islands.

ESMA was established in 2011 to protect investors and promote stable, well-functioning financial markets in the EU, it said.

For more: http://www.out-law.com/en/articles/2015/september/esma-recommends-extending-aifmd-marketing-passport-outside-europe/

 

Legal sector sheds 2,000 jobs in August

By Nell Gluckman, From The Am Law Daily

So much for Labor Day weekend.

The legal sector lost 2,000 jobs in August, according to seasonally adjusted preliminary data released Friday by the U.S. Department of Labor’s Bureau of Labor Statistics. The government agency estimates that 1,117,600 people were employed in the legal industry last month.

Figures for the month of July have been revised down from the 1,122,000 jobs initially reported a month ago, to 1,119,600 jobs.

The number of legal sector jobs reported for August is 4,800 less than the figure reported at this time last year, though the count released Friday is an estimate and could be revised next month. At its peak in June 2007, the legal services industry employed 1.179 million people.

Overall, the U.S. economy added 173,000 jobs in August—slightly fewer than expected—with the national unemployment rate dropping from 5.3 percent to 5.1 percent.

This month’s jobs report was more anxiously anticipated than usual because it is seen as the last metric the Federal Reserve’s Federal Open Market Committee will get before it convenes later this month. The central bank is expected to decide then whether to raise interest rates for the first time since the 2008 financial crisis.

For more: http://www.americanlawyer.com/id=1202736480466/Legal-Sector-Sheds-2000-Jobs-in-August#ixzz3l9bPiWu2

 

NH International (Caribbean) Ltd v National Insurance Property Development Company Ltd (Trinidad and Tobago) [2015] UKPC 37

From Lexology

United Kingdom September 8 2015

Lord Neuberger, in this decision, held that a contractor had been entitled to terminate its engagement under a contract based on the FIDIC Red Book (1999). The contract related to the construction of a hospital in Trinidad and Tobago. Disagreements arose between the parties, and the contractor (NHIC) suspended work. It subsequently purported to terminate the agreement. A number of issues were then referred to arbitration, leading to five arbitration awards, two of which were appealed on points of law. Under clause 2.4 of FIDIC Red book the contractor is entitled to request evidence from the employer that it has made arrangements to pay the contract price. NHIC made such a request of the employer (NIPD). Unsatisfied with the letters sent in response, it initially suspended works and subsequently issued a notice of termination. NHIC disputed that the contract had been validly terminated.

The Arbitrator held that it had been, and in doing so concluded that the evidence required under clause 2.4 must go beyond merely showing that the employer is able to pay. After this decision was reversed at the Court of Appeal, the Privy Council upheld the Arbitrator’s finding that NHIC was entitled to terminate. The second appeal related to clause 2.5, which gives the employer a right of set off. The Court of Appeal, agreeing with the Arbitrator, found that the clause prohibits the employer from setting off a sum against any amount certified, but does not prevent the employer from exercising its right of set off in another way. The Privy Council disagreed, noting that clause 2.5 makes it clear that any claim by the employer must be notified promptly and particularised, and that failure to comply with the notice requirement would invalidate the claim.

The case provides useful guidance for employers on what is required to comply with these clauses.

To view the full text of the decision, please click here: http://www.bailii.org/uk/cases/UKPC/2015/37.html

Clyde & Co LLP – Robert Meakin and Rachel Chaplin

For more: http://www.lexology.com/library/detail.aspx?g=aead0e8d-4cea-4ef1-8196-64857e5f913c

 

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